The terms and conditions mentioned herein form an Agreement regulating our relationship with regard to the use of MYDSGIFTS.COM, which offers online flowers and gifts delivery services by you. You are advised to go through this Agreement carefully. If you do not agree to any of the terms and conditions, you should not use the services of this website. You can use the MYDSGIFTS.COM only if you agree to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and M/s. A. P. Online Creations (MYDSGIFTS.COM^TM)

Applicable Law

This site is created and controlled by M/s. A. P. Online Creations, New Delhi, India; as such the laws of India shall apply; courts in New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. M/s. A. P. Online Creations reserves the right to make changes to the site and the terms, conditions and disclaimers.

Definitions:

“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and will include the references to this Agreement as amended, notated, supplemented, varied or replaced from time to time.”

“MYDSGIFTS.COMTM “/ “Site” means the online shopping platform owned and operated by M/s. A. P. Online Creations (“MYDSGIFTS.COM^TM “), which provides a venue to the users of MYDSGIFTS.COM^TM to buy the products listed on MYDSGIFTS.COM^TM .

“Vendor”/”Seller” shall mean the person or any legal entity who offers for sale, sells the products on MYDSGIFTS.COM^TM.

“Customer” / “Buyer” shall mean the person or any legal entity who accepts the offer for sale on MYDSGIFTS.COM^TM by placing an order for and or purchases any products offered for sale on MYDSGIFTS.COM^TM .

“User”/ “You” means and includes you and/or any person or an entity including Vendor/Seller using for accessing the services provided on this Site.

Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Term of Agreement/Service:

This Agreement shall continue to be in full force and effect for so long as you are using the MYDSGIFTS.COM^TM services. M/s. A. P. Online Creations provides the online shopping platform wherein the Users can purchase/buy the products listed on MYDSGIFTS.COM^TM (the “Services”) pursuant to the terms and conditions set forth below. By placing an order on MYDSGIFTS.COM^TM , you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy, and with all applicable laws and regulations. Either you or M/s. A. P. Online Creations may terminate the service at any time, with or without cause. However M/s. A. P. Online Creations reserves the right, in its sole discretion, to terminate your access to the MYDSGIFTS.COM^TM services and the related services or any portion thereof at any time, without notice, wholly or partially.

Modification of Terms and conditions of Service:

M/s. A. P. Online Creations may at any time modify the terms and conditions (“Terms”) of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are 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 Terms.

Registration Data:

To avail of and use the Services you will have to register with MYDSGIFTS.COM^TM. As a part of registration process you agree to provide MYDSGIFTS.COM^TM current, complete, and accurate registration information (the “Registration Data”) as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

If you provide any information that is untrue, inaccurate not current or incomplete or M/s. A. P. Online Creations has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; M/s. A. P. Online Creations has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to MYDSGIFTS.COM^TM.

You shall be responsible for maintaining the confidentiality of your password, which you will under any obligation not be revealing to any representative or person associated with M/s. A. P. Online Creations.

You agree and understand that MYDSGIFTS.COM^TM Gifting service is advertising supported and you grant M/s. A. P. Online Creations the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Morevoer, you agree and grant M/s. A. P. Online Creations the right to use your individual Registration Data to provide targeting of advertisements and other Service offers.

You shall notify [email protected]  or on WhatsApp +91-8920792960 of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

Electronic Communication:

Users consents to receive communications from M/s. A. P. Online Creations electronically. M/s. A. P. Online Creations will communicate with Users by email or by posting notices on the Site.

Credit card and Bank details

You agree, understand and confirm that the credit card details provided by you for availing of services on MYDSGIFTS.COM^TM will be correct and accurate and you shall not use the credit card or bank account details, which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card or bank details to MYDSGIFTS.COM^TM. Further the said information will be not be utilized and shared by MYDSGIFTS.COM^TM services with any of the third parties unless required by law, regulation or court order.

Confirmation:

You understand, declare and agree that:

MYDSGIFTS.COM^TM shall not and is not required to mediate or resolve any dispute or disagreement between you and the THIRD PARTY SELLER (If any).

You release and indemnify MYDSGIFTS.COM^TM and / or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, MYDSGIFTS.COM^TM cannot control the information provided by other Users which is made available on the Site

Any third party seller shall be responsible to deliver the items to the buyer within the time period specified for delivery by the Vendor.

Any third party seller shall be solely responsible for any undelivered or damaged items.

Any third party seller shall be solely responsible to make good the loss or damage or any claim raised by the buyer in respect of damaged or non-receipt of items.

Any third party seller shall be responsible to deliver the products/items of the same quantity and same qualities as are listed on the MYDSGIFTS.COM^TM and that such product shall correspond with the description of the items listed on MYDSGIFTS.COM^TM. You further agree and acknowledge that M/s. A. P. Online Creations shall not be liable if the description of goods supplied by the third party seller do not match/correspond with the description provided at the time of placing of order by the Buyer.

Third Party Seller shall invoice / bill directly to the Buyer.

Complete product responsibility and liability solely vest with Seller and Seller is responsible to the Buyer for the sale of the Product to Buyer including but not limited to the delivery of the item/product to the Buyer. Neither Customer nor Seller shall raise any claim on MYDSGIFTS.COM^TM in this regard.

Suspension due to non-compliance with Agreement:

Notwithstanding other legal remedies that may be available to MYDSGIFTS.COM^TM, MYDSGIFTS.COM^TM may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:

If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of MYDSGIFTS.COM^TM;

If the User has provided wrong, inaccurate, incomplete or incorrect information;

If your actions may cause any harm, damage or loss to the other Users or MYDSGIFTS.COM^TM.

Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the MYDSGIFTS.COM^TM site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Intellectual Property

All text, graphics, user and visual interfaces, trademarks, logos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, arrangement and expression of such Content contained in this Website is owned and controlled by M/s. A. P. Online Creations and is protected by applicable trademark laws and other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website or the Content may be copies, reproduced, translated, republished, posted, transmitted, encoded or distributed in any way to any other computer, server, website for any purpose without the prior written consent of M/s. A. P. Online Creations. Nothing in this agreement shall be construed as an assignment or transfer of any intellectual property owned by us, in any name or form whatsoever.

WORKING DAYS AND BUSINESS HOURS

Saturday, Sunday, Holidays/National Holidays will not be included in the working days.

The specified general business hours of operations is 9:00 Am through 5:30 PM on all weekdays.

Working days and business hours are always subject to adjustment due to any unforeseen events or unavoidable circumstances.

Coupon/Vouchers/Gift Cards Promotion Terms & Conditions 

Coupons/Voucher/Gift Cards can be redeemed against the defined purchase amount.

Coupons/Voucher/Gift Cards are valid for a predefined and specified Term only.

Coupons/Voucher/Gift Cards can be redeemed multiple times against the defined purchase amount.

Coupons/Voucher/Gift Cards cannot be clubbed with any existing or running offer on the website.

In case of any dispute M/s. A. P. Online Creations liability is limited to the coupon code amount or the actual amount of purchase made on the website.

Laws of India shall govern the Agreement. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement

MYDSGIFTS.COM^TM has the right to withdraw or amend the offer at any point without any prior notice.

Cash Back Terms and Conditions

Cash back will be given in the form of store credits incase order not shipped as per mentioned disclaimer.

No cash/bank/credit/debit card refund will be offered.

Cash back will be offered only in case of delayed orders or any such unforeseen situations beyond our control as a compensation.

Cash back offer will not be applicable if the customer cancels/returns the order.

Cash back amount will differ from product to product.

MYDSGIFTS.COM^TM has the right to withdraw or modify the offer at any point without any prior notice.

Number of days will be calculated from the date of payment received.

Any custom order or custom request will not be a part of this promotion.

Indemnity:

User agrees to defend, indemnify and hold harmless M/s. A. P. Online Creations (MYDSGIFTS.COM^TM), its owner/s, employees, directors, officers, agents and their successors and assigns from 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 use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

This clause shall survive the expiry or termination of this Agreement.

Limitation of Liability

M/S. A. P. ONLINE CREATIONS HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. MYDSGIFTS.COM^TM EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER’S CONDUCT AND THAT M/S. A. P. ONLINE CREATIONS RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.

IN NO EVENT SHALL M/S. A. P. ONLINE CREATIONS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MYDSGIFTS.COM^TM SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF M/S. A. P. ONLINE CREATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THE MYDSGIFTS.COM^TM SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MYDSGIFTS.COM^TM SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MYDSGIFTS.COM^TM SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF M/S. A. P. ONLINE CREATIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. M/S. A. P. ONLINE CREATIONS DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES.

Disclaimer

The information about the products published on MYDSGIFTS.COM^TM site are provided by M/s. A. P. Online Creations on the basis of the information received from the product manufacturers and vendors and are on an “as is where is” basis. M/s. A. P. Online Creations makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, M/s. A. P. Online Creations disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. M/s. A. P. Online Creations will not be liable for any damages of any kind arising from the use of this site or any of the products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. M/s. A. P. Online Creations only facilitates the sale of products between the Vendor and the buyer and does not directly or indirectly sell or retail any products.

M/S. A. P. ONLINE CREATIONS EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, CONITUNITY, PERFORMANCE, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MYDSGIFTS.COM^TM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. M/S. A. P. ONLINE CREATIONS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

USER SPECIFICALLY AGREES THAT M/S. A. P. ONLINE CREATIONS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE MYDSGIFTS.COM^TM SITE/SERVICE. USERS SPECIFICALLY AGREE THAT MYDSGIFTS.COM^TM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS,

INCLUDING INTELLECTUAL PROPERTY RIGHTS. USERS SPECIFICALLY AGREE THAT M/S. A. P. ONLINE CREATIONS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN MYDSGIFTS.COM^TM SITE/SERVICE BY ANY THIRD PARTY.

ADVICE RECEIVED VIA THE MYDSGIFTS.COM^TM SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and M/s. A. P. Online Creations with respect to the MYDSGIFTS.COM^TM sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MYDSGIFTS.COM^TM with respect to the MYDSGIFTS.COM^TM sites/services. M/s. A. P. Online Creations’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law and Jurisdiction

This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of the MYDSGIFTS.COM^TM sites/services. Use of the MYDSGIFTS.COM^TM sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold M/s. A. P. Online Creations, its Owner/s, subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the MYDSGIFTS.COM^TM sites/services.

M/s. A. P. Online Creations’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of M/s. A. P. Online Creations’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MYDSGIFTS.COM^TM sites/services or information provided to or gathered by M/s. A. P. Online Creations with respect to such use.

Acceptance of Terms and Conditions

By using our Website-MYDSGIFTS.COM^TM, you explicitly agree to be bound by all our terms and conditions, privacy policy and return/cancellation/refund policy set forth below including any additions and future modifications. If at any time you do not agree to these terms and conditions, you may notify us of your intention and refrain from accessing our Website.

We reserve the right to refuse our services/products to any buyer/customer at our sole discretion without giving any reason whatsoever.