THIS DOCUMENT IS AN ELECTRONIC RECORD UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
“AFFILIATES” AS USED HEREIN MEANS, WITH RESPECT TO COMPANY, AN ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH COMPANY. “CONTROL” FOR THE PURPOSES OF THIS DEFINITION, MEANS DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF MORE THAN 50% OF THE VOTING INTEREST OF AN ENTITY.
“BUYER/S”, “YOU”, “YOUR” OR “USER/S” MEANS A LEGAL PERSON WHO IS GIVEN ACCESS TO USE THE PLATFORM IN ACCORDANCE WITH THE TERMS CONTAINED HEREIN.
“COMPANY, US, OUR OR WE” AS USED HEREIN MEANS Glance Collective Private Limited with its registered office at Regd. Office: 406, MORYA HOUSE PREMISES CO OP SOC LTD, OFF NEW LINK ROAD, ANDHERI WEST MUMBAI Mumbai City MH 400053 IN and its Affiliates.
“PROFILE” MEANS THE INDIVIDUALLY IDENTIFIABLE PROFILE OF USER CREATED AT THE TIME OF REGISTERING ON THE PLATFORM;
“PLATFORM” MEANS AND REFERS TO THIS WEBSITE ‘Thisiskra.com’, WHICH, ENABLES BUYERS TO ORDER AND PURCHASE PRODUCTS UNDER THE BRAND ‘KRA’.
PLEASE CAREFULLY READ THESE TERMS BEFORE ACCESSING, USING OR TRANSACTING ON THE PLATFORM.
- By accessing, logging in, transacting on or using the Platform, You agree to these Terms.
- These Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Terms, when you (i) order anything from the Platform, (ii) order anything at any web page directly connected to the Platform or (iii) when you accept an offer from us. It is only possible to deviate from these Terms if agreed in writing by us.
- These Terms also apply to all users of the Platform, including users who view and access the Content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials You may upload, provide, view on, access through the Platform.
ACCESS TO THE PLATFORM
- You may access and use the Platform only if You are 18 (eighteen) years of age or older and are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872. Company reserves the right to terminate Your registration and / or refuse to provide You access to the Platform if it is brought to the Company’s notice or if it is discovered that You are a minor, insolvent or in any manner barred from entering into a contract. If You are under 18 years of age, then please purchase products or use the Platform through your legal guardian in accordance with the applicable laws.
- When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records or otherwise from Us periodically to the electronic or residential address provided to us at the time of registration, and as and when required. The Company may communicate with You by email or by such other mode of communication, electronic or otherwise.
- The Company will undertake reasonable efforts to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the inherent nature of the internet, this cannot be guaranteed. The Platform may also be occasionally suspended or restricted to carry out repairs, maintenance, or the introduction of new facilities, upgradations or services at any time without prior notice. Notwithstanding anything to the contrary, the Company reserves the right to refuse access to the Platform to new users or to terminate access granted to existing Users at any time.
- You may use the Platform and the Content only in India, where We offer Our service. We make no representation that Content on the Platform are appropriate or available for use in locations outside India or that the Platform complies with any country's privacy laws. If You access the Platform, You do so on Your own initiative and are responsible for compliance with local laws.
YOUR PROFILE AND YOUR INFORMATION
- Users are required to register on the Platform by submitting the requisite documents and information (including (including without limitation phone number, name, age, gender, KYC Documents, financial details, GST details where applicable, etc) and subsequently creating a Profile. Upon successful registration, Buyers will be issued a username and password which are linked to Your Profile. These are non-transferable. Please keep this information confidential as You are responsible for all acts or omissions committed on the Platform using Your username or password and for all the information / content posted under Your Profile. Buyers are prohibited from selling, trading, or otherwise transferring their Profiles to other persons. Representatives of the Company may assist the Buyers with creating their account and registering them on the Platform.
- By creating a Profile, You will be responsible for maintaining the confidentiality and security of Your Profile, and are fully responsible for all activities that are carried out through Your Profile. You agree to (a) immediately notify the Company of any unauthorized use of Your Profile or any other breach of security, and (b) ensure that You exit from Your Profile at the end of each session. the Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
- Further We do not have/share any liability in the event of any financial loss or any form of damages due to the inaccurate information provided by the user of the Platform. You are solely responsible for the activity that occurs on Your account whether or not You have authorized such activities or actions and shall, at all times, keep the Company indemnified in this regard and You must keep Your account password, if any, secure. You must notify Company immediately of any breach of security or unauthorized use of Your account. You may not use Your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Platform may be available to You or other authorized users of the Platform. You shall not interfere with anyone else's use and enjoyment of the Platform or any associated services or features. Users who violate systems or network security may incur criminal or civil liability in accordance with the law of the land.
Further, You authorize Us to:
- collect, use, share, process and store all information provided by You and Your access information including the IP address, IMEI number and MAC address of the computer / device from where the Platform was accessed;
- either directly, or through third parties, verify and confirm information in Your Profile;
- contact You using the information in Your Profile and provide promotional materials that may be of interest to You;
- use any and all of the information provided by You to create Your Profile; and
- modify, limit or delete Your Profile as may be required.
- You hereby agree and consent to receive all communications at the mobile number provided by you, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, You further authorise US to share/disclose the information to any third party service provider or any affiliates, group companies, their authorised agents or third party service providers.
- The Platform advertises, displays, makes available and sells various Products designed and created by the Company under the brand ‘KRA’ and affiliated brands (including services ancillary to the products and services), vouchers, and services to Users of the Platform (“Products”).
- All Products shown on the Platform are subject to availability. This means that, although we strive to ensure our Platform reflects the availability of stock, a Product shown on the Platform may no longer be available for purchase. Alterations to certain aspects of your order such as the size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
- Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. We are not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the Platform.
- We reserve the right, but not the obligation, to limit the provision of the Platform and/or Platform to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Platform is void where prohibited.
- All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
- We reserve the right at any time to modify or discontinue the services, the Platform and /or any part or content thereof without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the services, the Platform.
- Prices for Products are described on our Platform and are incorporated into these Terms by reference. All prices are in Indian Rupees. Prices, Products and services may change in accordance with the brand guidelines or other terms and conditions, laws, etc. applicable to each Product. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Company to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Platform.
- The Platform does not charge any registration/membership or browsing fee. However, the Platform reserves the absolute right to alter the fee policy from time to time. In the event, the Platform alters its services, it may introduce new fees for such altered services. All such fees that the Platform may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Platform. All such fees charged by the Platform shall be in Indian Rupees. The Users continued use of the Platform shall be deemed as an acceptance of the amended terms and conditions.
- the Platform may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and Company.
While availing any of the payment method/s available on the Platform, the Platform will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or
- Any payment issues arising out of the transaction, or
- Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;
- Decline of transaction for any other reason(s)
- Notwithstanding anything contained herein, the Platform reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
- Use of the payment facilities provided by the Platform shall not render the Platform liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Platform. The Platform shall not be responsible for any damages, interests or claims arising from not processing a transaction.
- The Platform may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.
- Additionally, the Platform reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
- The Platform is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Platform or Service Providers).
SHIPPING AND DELIVERY
All Products purchased from the Platform shall be delivered to the User by standard courier services by the Platform through a logistics partner. All deliveries where applicable shall be made on a best efforts basis, and while the Platform will endeavor to deliver the Products on the dates intimated, the Platform disclaims any claims or liabilities arising from any delay in this regard. A nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
the Platform shall not be responsible for any delay in the delivery of the Products. the Platform shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
The logistics partner supported by the Platform will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts Company reserves the right to cancel the order(s) at its discretion.
An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
Sometimes, delivery may take longer due to inter alia:
1. bad weather
2. flight delays
3. political disruptions
4. other unforeseen circumstances
In the event any delay in delivery of a Product is expected, the Platform may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
The Platform shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Platform.
However, in case where a damage has been caused to the Products ordered, Company shall replace the products as per the Company’s replacement policy as may be indicated on the Platform along with the Product.
No deliveries of the Products shall be made outside the territorial boundaries of India.
In case a User purchases multiple Products in one transaction, Company may deliver the same together. However, this may not always be possible and shall be subject to availability of stock.
If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
Please note that dispatch estimates are just estimates. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
The Platform shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.
RETURNS, REPLACEMENTS AND REFUNDS
- All Products ordered from the Platform and successfully delivered to the User may be returned in accordance with the terms contained herein or displayed on the Platform.
- However, no Products will be accepted if (a) the Products have been damaged by the User (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if the product returned is not the Product that was delivered (d) any other circumstances that the Platform may notify or deem appropriate from time to time.
- In case of returns/Exchange:
- Return/Exchange should be initiated within 5 days of order delivery or such other time-period as may be communicated to you.
- The tags on the product should be intact.
- The Product should be unwashed, unused and in an undamaged condition.
- The item needs to be returned along with the original packaging.
- If the user wants to return the product within 5 days from the delivery date and does not offer pickup of the items, then user can return the package using any courier service of his/her choice.
- Estimated refund of Courier Charges will be communicated to the user depending on the Product.
- In case of return initiated and subsequently couriered by the User himself/herself, and if it is found that the claimed shipment was not delivered to the Platform or the shipment was empty, the onus shall be on the User to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish his/her claim of return. However, non-receipt of Product by Company may lead to no refund/exchange being issued to the User. The User waives any claims against Company in this regard.
- Refunds for courier charges, if any, shall be against a valid RVP slip/written confirmation from the courier company that the RVP has been done for a particular shipment/order.
- In case of any discrepancy in the status of reverse pick up of a Product, (where the Users claims the Product has been returned, while our system suggests otherwise) refund will be initiated only if the Users successfully furnishes the RVP slip given at the time of the pick-up.
- the Platform will not be liable for the products returned by mistake. In circumstances where a product not belonging to the Platform is returned by mistake, the Platform is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User.
- Size exchange can be availed only once at the special price of an item. Please take note that this is applicable only on Products that are exchangeable, as mentioned on the product page.
- New product can be exchanged with a different product also, provided the new product selected by user is returnable and exchangeable.
- Once returned or in case the User does not receive the delivery within the time period agreed the User will be entitled to claim refund of the entire cost of the Product after adjusting relevant courier charges and such other charges that the Platform may at its own discretion deduct. In case a User does not raise a refund claim as per the Terms, the User shall be ineligible for a refund. In the event, the refund facility is not available in full or in part for certain Products, the User shall not be entitled to a refund in respect of such Products.
- All Products ordered by the User shall be eligible to be replaced in accordance with the replacement policy as indicated herein above. If the Product delivered is damaged, soiled or is different from the Product specifications mentioned on the Platform, the Platform will accept return or exchange of a Product only in accordance with the returns policy mentioned for the respective Product and hereunder.
- In case of Size Exchange, the differential amount, if any, shall be forfeited. This will apply irrespective of any increase or decrease in the price of the product being exchanged.
- Refund, if any, shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her User account on the Platform.
- For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.
- All refunds shall be made in Indian Rupees only.
- The User acknowledges that the Platform will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Platform.
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, the Platform reserves the absolute right to cancel all past, pending and future orders without any liability. the Platform also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on Platform and stock unavailability. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your account. Any promotional voucher used for the cancelled orders may not be refunded. Further, in case of suspicious transactions, the Platform reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity.
The User may be considered fraudulent if inter alia any of the following scenarios are met:
- User doesn't reply to the payment verification mail sent by Company;
- Users fails to produce adequate documents during the payment details verification;
- Misuse of another User's phone/email
- Users uses invalid email and phone number;
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used.
- Users returns the wrong product
- Users refuses to pay for an order
- Users is involved in the snatch and run for any order
- The User may be considered loss to business if any of the following scenarios are met:
- User with a very high return rate
- Invalid/Incomplete address cases
- Repeated request for monetary compensation for petty issues
- Account for the Users falling in fraudulent or loss to business category may be blocked. Any credits earned through loyalty or referral program will be forfeited in such case.
- The Platform may cancel any orders that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by the Platform:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Any promotional voucher used for placing the 'Bulk Order' may not be refunded
- If a User raises a complaint for partial item/partial order:
- The Users is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.
- An Email will be sent seeking/providing following information:
- Short description of the case (A few questions will be asked to help us understand the scenario).
- The snapshots of the packet and other box(If any)(Try to cover the sides which look tampered/damaged as per the Users)
- The refund for prepaid orders will be done after investigation
- The Users may not be liable for a refund if he/she falls in any of the scenarios stated below:
- Users fails to provide adequate information about the case
- Users fails to provide snapshots of the packet and box(if any)
- If an opened delivery was received, pilferage claims must be made the same day
- Users must not dispose the packaging for 3-4 days post-delivery. We might need to pick-up your packaging for investigation at our end.
COMPLIANCE WITH LAWS:
- 9.1 As required by applicable law, if You make a purchase of an amount equal to or above INR 2,00,000.00, You will be required to send the Company and/or upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the You will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by You, it need not be submitted again. The order of shall stand cancelled if there is a discrepancy between Your name and the name on the PAN Card.
- 9.2 You shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and Platform.
You agree and acknowledge that:
- The Platform includes third party Content, advertising information or promotional material (collectively “Third Party Content”) and it is hereby clarified that Company is not responsible or liable for any Third Party Content, the intellectual property and other proprietary rights in the Third Party Content. Company is not responsible for the accuracy of any Content which may be accessed or provided by You. Your use of the Platform, the Ad-Content and the Content, including Your election to view, contribute, interact with or action upon the same is at Your sole risk and discretion.
- You are responsible for providing, at Your own expense, all equipment and resources necessary to use the Platform and services, including a computer, software, modem, and internet access (including payment of all fees associated with such access). Mobile internet transmissions are never completely private or secure and the transmission of Content, and Your use of the Platform maybe affected, interrupted or disrupted for reasons beyond Company’s reasonable control. Any message or information You send using Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
LICENSE AND CONTENT RESTRICTIONS
- Except as expressly set out in these Terms, You agree:
- not to copy the Platform (including its specific design, user interface) except where such copying is incidental to normal use of Platform, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform;
- not to make alterations to, or modifications of, the whole or any part of Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs including any root software;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent permitted by applicable law solely because it is essential for the purpose of achieving inter-operability of Platform with another software program, and provided that the information obtained by You during such activities:
- is used only for the purpose of achieving inter-operability of Platform with another software program;
- is not disclosed or communicated without Our prior written consent to any third party;
- is not used to create any software that is substantially similar to the Platform.
- not to provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us;
- to comply with all technology control or export laws and regulations that apply to the technologies used or supported by Platform in Your use of the Platform.
- to not use the Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of Platform;
- to not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of Platform or any service associated (to the extent that such use is not licensed by these Terms);
- not use the Platform in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
- not collect or harvest any information or data obtained from any Platform or Our systems or attempt to decipher any transmissions to or from the servers running any service for the Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.
CONTENT USE RESTRICTIONS:
- The Content is provided to You ‘AS IS’. All rights not expressly conferred by Us to You hereunder are specifically reserved solely to Us, our content partners and third party providers of the Third-Party Content. You may access Content for Your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You may not
- use Content in an obscene, pornographic, defamatory, disparaging, infringing or other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;
- Unless expressly permitted pursuant to Platform, use the Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose;
- share, re-distribute, reproduce, download, sub-license, publish, copy, create derivative works, offer for sale or use the Content and/or Ad-Content displayed on Platform (unless You are specifically permitted to share or copy by way of a ‘Share’ or ‘Copy’ button); and/or
- re-order, re-purpose, modify, edit, obscure or truncate in anyway the Content, Ad-Content or Platform.
You understand that when using the Platform, You will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Company with respect thereto.
YOUR CONTENT, CONDUCT AND RESPONSIBILITY
You shall be solely responsible for Your Content and the consequences of submitting and publishing Your Content on the Platform. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Content that You submit; and You license to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Platform pursuant to these Terms. You may remove Your Content from the Platform at any time. You must remove Your Content if You no longer have the rights required by these Terms.
By posting information/ content on the Platform You agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any Content that :
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another user’s privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Company’s content guidelines, rules or policies;
- harms minor in anyway or is grossly harmful, blasphemous; hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis
- belongs to another person and to which the user does not have any right to and/or infringes on any right of publicity, moral right, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of Our employees or representatives or deceives or misleads the addressee about the origin of such Content and/or messages or communicates any information which is grossly offensive or menacing in nature;
- threatens the unity, integrity, defence, security or sovereignty of any nation, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
- You agree that We may, at any time and at Our sole discretion, terminate Your membership, account, or other affiliation with Our Platform without prior serving any notice to You for violating any of the above Terms and associated provisions. Upon such termination, You agree that We may remove any and all Content that You may have posted to. In addition, You acknowledge that We do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.
- You understand that Company does not guarantee any confidentiality with respect to any Content You submit. By submitting any Content to Us, You are placing the information in the public domain and hence, the information is deemed non-confidential.
- For clarity, You retain all of Your ownership rights in Your Content. However, by submitting Content to Company, You hereby grant Company a worldwide, perpetual, non-exclusive, royalty-free, commercial use, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, re-brand, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Platform, Company’s (and its successors' and Affiliates') and/or its third-party partner’s and/or collaborator’s business including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels including without limitation on Company’s owned and/or operated content platforms, sites, and/or applications (collectively “Company Properties”). You also hereby grant each user of the Company Properties a non-exclusive license to access Your Content through the Company Properties, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Company Properties and under these Terms.
- Subject to applicable laws including as per the Infotech Laws, at Our sole discretion, We may employ automated monitoring devices or techniques to protect Our users from mass unsolicited communications (also known as "spam", other types of electronic communications that We deem inconsistent with Our business purposes, and/or content that is breaching our Content Guidelines and these Terms. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited content/ communications between parties. Regardless, You agree that We are not responsible for any legitimate Content, and communication that is blocked, or for any unsolicited Content, and communication that is not blocked. Company will not be responsible for any information shared between the users. Company will retain Your Content, information and communications (including Your Registration Data, information collected pursuant to Your use of the Platform, photos, videos and files) for internal quality monitoring purposes, content moderation and take down, or otherwise as required under applicable laws.
USE OF PLATFORM
You may not use any Products available on the Platform for any illegal or unauthorized purpose;
Any fraudulent use of this Platform or applicable payment method to purchase the products from the Platform, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for the fraudulent use of this Platform and/ or the Platform or for any other unlawful act or omission in breach of these Terms;
That images and pictorial representations on the Platform may be enhanced for advertising purposes;
That You shall be responsible for checking the Content, Product description and other related information; and
You confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the Products ordered by you on the Platform
PROHIBITED USES: We do not offer to sell any prohibited items on the Platform. You understand and acknowledge that as a buyer it is also Your responsibility to ensure that at no point You purchase the following products on the Platform in the unlikely event that they are listed:
- Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.);
- Animals and wildlife products – examples include live animals, mounted specimens, and ivory;
- Counterfeit goods and services infringing the IP (as defined below);
- Crude oil;
- Electronic surveillance equipment prohibited by law;
- Embargoed goods from prohibited countries;
- Endangered species of animals and plants, whether alive or dead;
- Event tickets which are exempted from resale by law;
- Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns;
- Any financial services;
- Food and healthcare items without holding requisite permits;
- Grey market products;
- Government related items/ equipment (like wireless equipment with frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the Indian army, etc.)
- Government issued documents like passports etc.;
- Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants;
- Human remains and body parts;
- Invoices and receipts (including blank and pre-filled);
- Liquefied petroleum gas cylinder;
- Lottery tickets;
- Mailing lists and personal information;
- Maps and literature where Indian external boundaries have been shown incorrectly;
- Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s prescription;
- Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985;
- Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture;
- Radioactive materials;
- Reptile skins;
- Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994;
- Stocks and securities;
- Real estate;
- Radioactive materials;
- Stolen property;
- Any other sanctioned or prohibited items or services as per applicable laws; and
- Any other item deemed unfit by Company.
Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Platform.
All IPR on the Platform are IPR of Company and/or its licensors and Content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
Every User hereby grants the Platform a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any Content provided or created by the User. Company shall have no liability for any infringement of intellectual property rights with respect to such Content created by the User.
We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input. You acknowledge and agree that we provide access to such tools on an “as is basis” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by You of optional tools offered through the Platform 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(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms .
UNAUTHORIZED USE OF CONTENT
We view the removal or "take down" of Content from the Platform as a significant step. Consequently, if You believe Your copyright has been infringed by a posting on the Platform, We ask that You send us a written notification in the manner provided below. To be effective and to support immediate removal of the allegedly infringing Content, Your notification to us needs to include the following:
Detailed identification of Your copyrighted or otherwise protected work that You believe has been infringed.
Identification of the specific Content on the Platform that You claim is infringing Your copyrighted or otherwise protected work identified in item #(a) above.
Your contact information (email address preferred).
Contact information for the owner/administrator of the allegedly infringing webpage or other Content (email address preferred).
You must also include the following statements in Your written notification:
“I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
You must then sign Your written notification.
Finally, send the completed written notification to email@example.com
LIMITED WARRANTY AND DISCLAIMER
Any implied warranties including those prescribed by statute are expressly disclaimed.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM INCLUDING WITHOUT LIMITAITON THE PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. COMPANY, COMPANY’S LICENSORS, DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY, COMPANY’S LICENSORS, AFFILIATES AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PLATFORM; WILL MEET YOUR REQUIREMENTS; THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE PLATFORM WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY COMPANY, ITS AFFILIATES, COMPANY’S LICENSORS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
WITH RESPECT TO THE USER CONTENT, PLATFORM IS AN INTERMEDIARY UNDER APPLICABLE LAWS.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ITS AFFILIATES AND/OR ITS AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS BE LIABLE FOR ANY INJURY, LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES, PROPERTY DAMAGES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S, ITS AFFILIATES’ AND/OR ITS LICENSORS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT EQUIVALENT TO INDIAN RUPEES ONE HUNDRED. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Nothing in these Terms shall limit or exclude Our liability for:
(a) death or personal injury resulting from Our gross negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by applicable laws.
These Terms will terminate automatically if You fail to or Company suspects that You have failed to comply with its terms and conditions. In such event, Your Platform may be disabled and You must cease using the Platform, the Content comprising the Platform. Company reserves the right, without liability, to change, suspend, remove, disable or terminate access to the Platform, Content comprising the Platform or certain areas or features of the Platform, at any time for any reason (including without limitation to protect Our interests, on account of investigation for a suspected violation of these Terms or as a result of Us finding that a violation of these Terms has occurred), with or without notice. Company further reserves the right to change, modify, update, impose limits, deny or create different access to the use of the Platform, the Content comprising the platform and/or its features, or any part thereof, without prior notice provided however that Company will comply with all applicable privacy laws in implementing such changes.
You hereby agree to defend, indemnify and hold harmless Company, its Affiliates, licensors, third party partners, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Platform, Content comprising the Platform; (ii) Your Content contributed to the Platform (iii) Your violation of any term of these Terms; (iv) Your violation of any terms and conditions, policies etc. accepted by You; and (v) Your violation of any third party rights.
This defense and indemnification obligation will survive these Terms and Your use of the Platform.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by any act or event beyond Our reasonable control, including pandemics, epidemics, war, strikes, industrial action, lock outs, government lockdowns/ shutdowns, accidents, fire, blockade, terrorism or threat of terrorism, natural catastrophes, failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: (a) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; (b) We will use Our reasonable endeavours to find a solution by which Our obligations under these Terms may be performed despite the Event Outside Our Control.
OTHER IMPORTANT TERMS
GOVERNING LAW AND DISPUTE RESOLUTION: Except in cases of exclusive jurisdiction of applicable local laws or where expressly prohibited by applicable laws, these Terms, its subject matter and its formation, are governed by Indian law. You and We both agree that the competent courts of India will have non-exclusive jurisdiction.
CONTACT INFORMATION AND COMMUNICATION:
Customer Support: Any enquiries You may have about Our service and features or if You need assistance with the Platform, You may write to Us at firstname.lastname@example.org and 022- 48933246
Data Privacy: To ask questions on data privacy, exercise applicable data subject rights (to the extent you may enjoy any data subject rights as per privacy laws applicable to you) and our privacy practices, please e-mail us at email@example.com
Content Grievances: If you see something objectionable, offensive, or adversely affects you or your community, or if you have any consumer complaint relating to the products on the Platform you can report it to our Grievance Officer at firstname.lastname@example.org with the relevant details of your complaint/ concern.
Please keep in mind that mere reporting to the Company doesn't guarantee that certain content will be removed from the Platform, however, we are committed to creating a safe environment and will consider all your genuine grievances/ complaints.