Terms and Conditions
www.cudesk.com is online trading name for Cudesk.
Welcome to Cudesk.
Cudesk and its affiliates provide their services to you subject to the terms and conditions given here under. If you visit us at Cudesk, you accept these Terms and Conditions. Please read them carefully. In addition, when you use any current or future Cudesk service (e.g. Your Account/Profile, Gift Certificates, and Your Reminder Service, etc.) or visit or purchase from any business affiliated with Cudesk, whether or not included in the Cudesk web site, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Cudesk. By using the shopping services of Cudesk you agree to be bound by these terms and conditions. All products/services and information displayed on Cudesk constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Cudesk reserves the right to accept or reject your offer at any time or under any circumstances.
“www.cudesk.com” website” means the online shopping platform and the services provided by it and its affiliates owned and operated by Cudesk which provides a venue / platform to the Users of Cudesk to buy the products listed on www.cudesk.com.
“Vendor” / “seller” /”affiliates” shall mean the person or any legal entity who offers for sale, sells the products on the Cudesk platform / website.
“Product/Products” means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on Cudesk by its Vendor and the related description, information, procedure, processes, warranties, delivery schedule, etc.
When you visit Cudesk or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of warranties and limitation of liability
Cudesk has made this service available to use as a matter of convenience. Cudesk 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. Cudesk also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Cudesk does not warrant that this site, its servers, or e-mail sent from Cudesk are free of viruses or other harmful components. Cudesk will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of Cudesk is provided on an “as is” basis without warranties of any kind, whether express or implied. Cudesk does not represent or warrant maintaining the confidentiality of information; although Cudesk’s current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or express, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor
Cudesk does not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.
Cudesk will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Cudesk assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
–The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
–Any interruption or errors in the operation of the Website. You expressly understand and agree that Cudesk shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cudesk has been advised of the possibility of such damages)
User agrees and acknowledges that User shall be solely responsible for User’s conduct and that Cudesk 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 Cudesk, its affiliates, employees, agents, consultants, contracted companies 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 Cudesk sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
Cudesk therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
Cudesk shall not be liable for any delay / non-delivery of purchased goods by the vendors, trade organization/s, manufacturers / shop etc. (vendors), due to flood, fire, wars, acts of God or any cause that is beyond the control of Cudesk.
Notwithstanding anything contained herein, Cudesk acts only as a booking agent/platform to facilitate / integrate transactions between the Users/buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS, etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall Cudesk, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.
All prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of Cudesk and orders can be cancelled if the product goes out of stock with the Vendor/Seller. Cudesk reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by Cudesk the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Cudesk will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
Any request for cancellation of orders once duly placed on the site, shall not be entertained.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Cudesk for re-delivery shall be claimed from the User placing the order.
All products are duly screened and assured by the vendors to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on Cudesk on behalf of the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on Cudesk is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to Cudesk. Cudesk does not take any responsibility for any incorrect or error in the display/showcase of such information.
Presently, the service(s) of Cudesk Shopping are being offered free. However, Cudesk reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes as per the terms of the buyer/seller. Cudesk and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
The logo / image of Cudesk on the home page of the website & other pages and as used in the communication to the User is registered by Cudesk and cannot be used or communicated or distributed without the specific and written permission of Cudesk.
License and Site Access
Cudesk grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case Cudesk gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cudesk. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cudesk and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” and Cudesk’s name or trademarks without the express written consent of Cudesk. Any unauthorized use terminates the permission or license granted by Cudesk. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Cudesk as long as the link does not portray Cudesk, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any Cudesk logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. Cudesk does sell products for children, but it sells them to adults, who can purchase with a credit card or otherwise. If you are under 18, you may use Cudesk only with involvement of a parent or guardian or otherwise, Cudesk has the right to cancel any order or service to the User. Cudesk and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Cudesk and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Cudesk is associated with various business partners for the supply and service of goods directly to the customers. HomShop18 is a marketplace for the products with its business partners. The after sales service and warranty for the products sold by our business partners, as duly applicable, for the respective products, will be taken undertaken and handled by the respective business partners or through their respective service centres.
Reviews, Comments, Communications, and other Contents
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cudesk reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Cudesk and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cudesk and its affiliates and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Cudesk or its affiliates for all claims resulting from content you supply. Cudesk has the right but not the obligation to monitor and edit or remove any activity or content. Cudesk takes no responsibility and assumes no liability for any content posted by you or any third party.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to Cudesk, Cudesk 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 Cudesk; The user has provided wrong, inaccurate, incomplete or incorrect information; The user attempts to defraud Cudesk by using the functionalities on the website; Your actions may cause any harm, damage or loss to the other Users or Cudesk; Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the Cudesk site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Risk of Loss
All items purchased from Cudesk are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier by the vendor/merchant/affiliate/manufacturer.
Cudesk and its affiliates attempt to be as accurate as possible. However, Cudesk does not warrant that product descriptions or other content or prices/amounts of this site is accurate, complete, reliable, current, or error-free. If a product offered by Cudesk itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the Selling Price/HS18 price/MRP/MOP/List Price displayed for products on our website represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or one of our merchants/affiliates, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Selling Price/HS18 price/MRP/MOP/List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement, the Selling Price/List Price/HS18 price may represent “open-stock” prices, which mean the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement. The final price that will be applicable to a user for purchase and payment will be as per the price that is displayed in the shopping cart of the customer which can be inclusive or exclusive of any other charges in terms of the usage of the website.
Material Submitted by Users
Certain elements of the site will contain material submitted by users. Cudesk accepts no responsibility for the content, accuracy, conformity to applicable laws of such material.
Part of the site contains advertising/other material submitted to Cudesk by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and Cudesk will not be responsible for any claim, error, omission or inaccuracy in advertising material. Cudesk reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to Cudesk terms and conditions which are available on request.
You shall indemnify and hold harmless Cudesk, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party.
Cudesk shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
If any dispute arises between you and Cudesk during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Cudesk. The place of arbitration shall be Ohio (US). The arbitration proceedings shall be in the English language.
This site is created and controlled by Cudesk. The laws of UK shall apply and courts in London (UK) shall have jurisdiction in respect of all the terms, conditions and disclaimers. Cudesk reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of Cudesk. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Cancellation & Refund Policy
Cudesk believes in helping its customers as far as possible, and has therefore a liberal cancellation policy. Under this policy:
- 15 days 100% Money back guarantee if not satisfied. To file a refund you need to write us at firstname.lastname@example.org.
- No Obligation Contract – It means even if you have bought the service for 1 year, but for any reason if you are not satisfied after 4 months which is very unlikely to happen you need to send us an email on email@example.com and we will refund the amount to you for the unused days less processing Fee of 25 USD plus any other charges incurred by us. As you there is “no obligation contract” between us and we are ready to refund you for the unused days if you are not satisfied. For any reason in case you opt to do charge back without sending us an email for refund request on firstname.lastname@example.org 15 business days prior filing a charge back, there will be a penalty of GBP 1000 + legal fee which we will have to incur in filing the case.
- All legal Jurisdictions will be as per Texas Law.
- All refund takes 15 business days to complete from the date of request.
In the about statement “You” is means “Customers” and “US” means “Cudesk”
Charges due to decline of transactions
“We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”