Terms of service

OVERVIEW

Welcome to PestBloom!

PestBloom is a brand owned and operated by UNIQUE BUY. The terms "we", "us" and "our" refer to UNIQUE BUY, operating under the brand name PestBloom.

UNIQUE BUY operates this store and website, pestbloom.com, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services").

PestBloom is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy available on our website.

If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority applicable in your place of residence, or that you have the consent of a parent or legal guardian where required by law.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information.

You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity.

You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store.

However, please note that colours, packaging or product appearance may differ slightly from how they appear on your screen due to the type of device you use, screen settings, packaging updates or product manufacturing variations.

We do not warrant that the appearance or quality of any products or services purchased by you will be exactly the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our discretion.

We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

PestBloom, operated by UNIQUE BUY, reserves the right to accept or decline your order for legitimate business, operational, stock, fraud-prevention or delivery reasons.

Your order is not accepted until we confirm acceptance.

For prepaid orders, we must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order has been accepted or dispatched.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at the time the order was placed.

Your purchases are subject to return, replacement or refund solely in accordance with our Refund Policy available on our website.

You represent and warrant that your purchases are for your own personal or household use unless otherwise expressly agreed by us.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will generally be the price in effect at the time the order is placed and will be set out in your order confirmation.

Unless otherwise expressly stated, applicable taxes, shipping or handling charges may be shown separately during checkout.

Prices posted in our online store may be different from prices offered on third-party platforms or marketplaces.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by separate promotional terms and conditions.

If there is a conflict between the terms for a promotion and these Terms, the applicable promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You represent and warrant that any payment information you provide is true, correct and complete, that you are duly authorised to use the selected payment method, and that you will pay all charges properly incurred in connection with your order.

SECTION 5 - SHIPPING AND DELIVERY

Orders are delivered through third-party courier and logistics partners.

All delivery timelines provided on the website are estimates and may vary depending on courier operations, location, weather, holidays, customer availability, incorrect address details or circumstances outside our reasonable control.

We are not responsible for delays caused by shipping carriers or events outside our reasonable control.

Customers are responsible for providing a complete and accurate delivery address, contact number and PIN code.

Detailed shipping terms are available in our Shipping Policy on the website.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, logos, text, displays, images, graphics, product reviews, videos, audio and the design, selection and arrangement thereof, are owned by or licensed to UNIQUE BUY, operating under the brand name PestBloom, and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal and non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, commercially exploit, store or transmit any material from the Services without our prior written consent, except as expressly permitted by law.

Nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any patent, trademark, copyright or other intellectual property of UNIQUE BUY, PestBloom, Shopify or any third party.

All rights not expressly granted herein are reserved.

The PestBloom name, logo, product and service names, designs and slogans are trademarks, brand assets or intellectual property owned by or licensed to UNIQUE BUY unless otherwise stated.

Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.

All other names, logos, product and service names, designs and slogans appearing on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability arising solely from your voluntary use of optional third-party tools, except where liability cannot lawfully be excluded.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services, including new tools and resources.

Such new features shall also be deemed part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access these materials or third-party sites, you do so at your own discretion.

We are not responsible for harm or damages caused solely by your use of third-party websites, products or services, except to the extent required by applicable law.

Please review the third party's policies and practices before engaging in any transaction.

Complaints, claims, concerns or questions regarding third-party products and services should normally be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

PestBloom is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make through our Store are made directly with UNIQUE BUY, operating under the brand name PestBloom.

By using the Services, you acknowledge that Shopify provides the ecommerce technology platform used by our Store but is not the seller of PestBloom products.

Your purchase agreement is with UNIQUE BUY, operating under the brand name PestBloom, subject to applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which is available on our website.

Certain personal information may also be processed by Shopify in accordance with Shopify's own privacy practices.

Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve its platform and related services.

Information you submit through the Services may also be transmitted to service providers and third parties involved in payment processing, order fulfilment, logistics, customer support, analytics or other operational functions.

Please review our Privacy Policy for more information about how we collect, use and process personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback for legitimate business purposes, subject to applicable law.

We may, for example, use Feedback to operate, provide, evaluate, enhance, improve and promote the Services.

You also represent and warrant that:

(i) you own or have all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback where required; and
(iii) your Feedback complies with these Terms.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, fraudulent, misleading or otherwise objectionable, or that violates any party's intellectual property rights or these Terms.

You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy or other proprietary rights.

You further agree that your Feedback will not contain unlawful, abusive or malicious content, viruses or other malware that could affect the operation of the Services.

You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Feedback.

You are responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel affected orders where necessary, subject to applicable law.

If an eligible prepaid order is cancelled by us due to a pricing, stock or technical error, any applicable refund will be processed according to our refund procedures.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;
(b) to violate applicable laws or regulations;
(c) to infringe our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, intimidate or unlawfully harm another person;
(e) to transmit false or misleading information;
(f) to transmit or use material that does not comply with these Terms;
(g) to send spam, unsolicited advertising or similar solicitations;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in conduct that materially interferes with another person's use or enjoyment of the Services.

You also agree not to:

(a) upload or transmit viruses or malicious code;
(b) unlawfully reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services;
(c) unlawfully collect or track the personal information of others;
(d) spam, phish, pharm or engage in fraudulent or deceptive activities;
(e) use automated tools in a manner that violates applicable law, these Terms or technical restrictions placed on the Services; or
(f) bypass or circumvent security or authorisation features.

We reserve the right to suspend or terminate access where we reasonably determine that these Terms have been violated.

SECTION 14 - AGENTS

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services.

"Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity without direct supervision.

14.2 No Agent may access, use or interact with the Services in violation of applicable law, these Terms or technical restrictions that apply to the Services.

14.3 We may use reasonable technical measures to limit whether and how an Agent accesses, uses or interacts with the Services.

14.4 Agents must not intentionally conceal or misrepresent their automated nature or circumvent technical measures intended to control automated access.

SECTION 15 - TERMINATION

We may terminate this agreement or restrict your access to the Services where permitted by law, including where you violate these Terms, misuse the Services, engage in fraudulent activity or create a security risk.

You will remain responsible for amounts properly due up to the date of termination.

Sections that by their nature should continue after termination, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law and Privacy, will survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available primarily for general information purposes.

We make reasonable efforts to keep information accurate and current but do not guarantee that all information will always be complete, current or error-free.

Any reliance you place on such information is at your own discretion.

Except where prohibited by law, the Services and products offered through the Services are provided on an "as is" and "as available" basis.

We do not guarantee that use of the Services will always be uninterrupted, timely, secure or error-free.

Nothing in this section excludes any warranty, guarantee or consumer right that cannot lawfully be excluded under applicable Indian law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, UNIQUE BUY, operating under the brand name PestBloom, and its partners, employees, affiliates, agents, contractors, service providers and licensors shall not be liable for indirect, incidental, special, punitive or consequential losses arising from use of the Services or products purchased through the Services.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including mandatory consumer rights.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless UNIQUE BUY, operating under the brand name PestBloom, Shopify, and our respective affiliates, partners, officers, employees, agents, contractors, licensors and service providers from third-party claims or losses arising from:

(1) your material breach of these Terms of Service;
(2) your violation of applicable law or the rights of a third party; or
(3) your unlawful or unauthorised use of the Services.

We may notify you of an indemnifiable claim and reasonably request your cooperation in responding to such claim.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed severed from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on the website in respect of the Services constitute the agreement between you and us regarding your use of the Services, subject to rights that cannot be excluded under applicable law.

These Terms supersede prior versions of the Terms relating to the same subject matter.

Any ambiguity in these Terms shall be interpreted in accordance with applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where such restriction is prohibited by applicable law.

We may transfer or assign our rights and obligations in connection with a legitimate transfer, restructuring or operation of our business, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.

Subject to applicable consumer protection laws and any mandatory jurisdiction rights available to consumers, disputes relating to these Terms or Services shall be subject to the jurisdiction of competent courts in Uttar Pradesh, India.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update or change these Terms of Service by posting revised Terms on our website.

Where required by applicable law, we will provide notice of material changes.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of those updated Terms, subject to applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Legal Entity Name: UNIQUE BUY

Brand Name: PestBloom

Website: pestbloom.com

Email: pestbloom@gmail.com

Office Address:
Atrasi Road, Pull Par Petrol Pump,
Village Husainpura,
Amroha - 244421,
Uttar Pradesh, India

PestBloom is a brand owned and operated by UNIQUE BUY.