The website Ecloset.in (“the Website”) is
owned and operated by KPJ Online Services Private Limited,a company duly
incorporated under the provisions of the Companies Act, 2013 (hereinafter
referred to as “the Company”) and having its registered office at S
VI S NO. 29, RK Puram, Delhi, South West Delhi -110022.
The
use of the Website and services provided on the Website by the Company are
subject to following terms and conditions (hereinafter referred to as “Terms
of Service”), all parts and sub parts of which are specifically
incorporated by reference here. Following are the Terms of Service for your usage
of the Website, all pages on the Website and any services provided by or on
this Website (“Services”).
By
accessing the Website either directly or through any hyperlink or purchasing
any product from us, you engage in our Services and agree to be bound by the
Terms of Service including those additional terms and conditions and policies
referenced herein and/or available on hyperlink. These Terms of Service apply
to all users including but not limited to vendors, buyers, customers,
merchants, browsers and/or contributors of the content.
1.Definitions
The Parties referred to in these
Terms of Service shall be defined as follows-
a)“the
Company”, “Owner” , “We” “Us” : Owner, as creator , operator or publisher of
the Website, makes the Website and certain services on it, available to users.
Owner, the Company, We, Ours and other first persons pronouns will refer to the
Company , as well as all employees and affiliates of the Company.
b)You,
the User, the client: You, as the user of the Website will be referred to
throughout these Terms of Service in with second person pronouns such as You,
Your, Yours, Users or Client. For the purposes of these Terms of Service, the
term You shall include any natural or legal person who is accessing the
Website. The term Your shall be construed accordingly.
c)Parties:
Collectively the parties to these Terms of Service(the Company and You) shall
be referred to as Parties.
d)Words
denoting masculine gender shall include feminine gender and the vice versa.
e)Singular
form of expression shall also include plural form and the vice versa.
f)The
words “include”, “includes” and “including” shall be deemed to be followed by
the phrase “without limitation”.
g)Unless
the context otherwise requires, the terms “herein”, “hereof”, “hereto”,
“hereunder” and words of similar import refer to the Terms of Service as a
whole.
h)These
Terms of Service is an electronic record in terms of the Information Technology
Act, 2000. This electronic record is generated by a computer system and does
not require any physical or digital signatures. This document is published in
accordance with the provisions of Rule 3(1) of the Information Technology
(Intermediaries Guidelines) Rules, 2011 that require publishing of the Rules
and Regulations, Privacy Policy and Terms of Service for accessing and using
the Website
2.ASSENT
AND ACCEPTANCE
By
using the Website whether as visitor or in any other manner or subscribing to
or using any of our services, You warrant that You have read and reviewed these
Terms of Service and that You agree to be bound by it.If You do not agree to be
bound by it please leave the Website immediately. Use of the Website and
services is conditional upon accepting and assenting to the Terms of Service. Further,
based on the services obtained by a User, additional terms and conditions in
respect of specific service may apply, which shall be deemed to be an agreement
between the Owner and the User.
3.ELIGIBILITY AND COMPETENCE
A)Use
of the Website and of any services offered by the Owner is restricted to a
person who has attained 18 years of age or the age of majority in the
jurisdiction in which the User resides and is otherwise a person competent to
contract within the meaning and under the provisions of Contract Act,1872.
B)By
using the Website, You represent that You have attained the age of majority and
is otherwise competent to contract under Contract Act,1872.
C)The
Company reserves the right to terminate Your membership and/or refuse to
provide you with access to the Website if it is brought to the Company’s notice
or if it is discovered that You are under the age of 18 years or the age of
majority in the jurisdiction You reside.
D)You
shall not have more than one active Account on the website and You are
prohibited from selling, trading, or otherwise transferring Your Account to
another person.
4.SERVICES
OFFERRED
A)The Website /Ecloset.in is an online
platform that facilitates sale and purchase of products and services offered by
the Company, its various affiliates, registered merchants, vendors and service
providers. We make various services available on and through the Website
including personalized recommendations and style advice for personal clothing
and accessories, along with other services and features we deem relevant.
B)We reserve the sole right to
(i)refuse service or refuse to
sell the product on the Website to any person for any reason at any time;
(ii)to
either modify or discontinue any service associated with the Website, including
any of the Website’s features, at any time with or without notice to You.
C)We will not be liable to You or
anythird party should We exercise such rights as mentioned above at any time.
D)The Website does not screen or censor
the Users who register on and access the Website. You assume all risks
associated with dealing with other Users with whom You come in contact through
the Website.
5.SEEKING
CERTAIN INFORMATION FROM USER
A)For
the purpose of and in the course of understanding, ascertaining and to
efficiently serve the needs and requirements of the User, the styling service
providers of the Company will need access to certain pertinent, User specific information,
preferences or taste ofthe User. The User will, at the time of subscription or
at the time of creation of User account, be asked certain questions regarding
lifestyle as well as personal data such as, but not limited to, age, gender,
height, weight, measurements, colour of eyes/hair, skintone, profession,
fashion taste or preferences and others.
B)The
information collected as aforesaid will be stored by the Website so as to provide
personalised services as subscribed by the User and will only be used wholly
and exclusively for the purpose of providing such services and for this purpose
will be shared with the styling service provider chosen by the User,
consultants or such other third parties as may be necessary for the purpose of
providing the aforesaid services. When You choose to subscribe or buy such services,
You agree to share all such information including those on the User Profile in
the manner as described herein above.
6.USER
ACCOUNT, PASSWORD AND SECURITY
A)As
a first step for using the Website and to avail services, You have to register
on the Website. On completion of registration process, You will receive a
password and account designation. Safety and confidentiality of the Password is
entirely the responsibility of the User. User is also responsible for all
activities that occur under User’s password or account. User hereby agrees
that: (a) User shall communicate and bring to the notice of the Company any
unauthorized use of User’s password or account or any other breach of security,
and (b) ensure that You exit from Your account by logging out at the end of
each session. The Company will not be liable for any loss or damage arising
from Your failure to comply with these requirements.
B)User
shall ensure that the Account Information provided by You in the Website’s
registration form is true, complete in all aspects, accurate and up-to-date and
no such information, as would have adversely influenced the Company’s decision
to accept the registration or not, has been withheld. Use of another user’s Account Information for
availing the services is expressly prohibited by the Company.
C)In
the event of any User providing information that is untrue, inaccurate, not
current or incomplete (or becomes untrue, inaccurate, not current or incomplete
at any point of time), or If a User has withheld any material information or if
the Company has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, the Company has the right to suspend or
terminate your Account and refuse any and all current or future use of the
Website (or any portion thereof).
7.COMMUNICATION
FROM THE COMPANY
By submitting the data on the
Website, the User agrees to receive and to be informed, communicated, notified
by the Company via postal mail, e-mail and/or text message (SMS), app-based
messages or by any other form of electronic communication,such information,
instructions or material which will facilitate Your navigation of and benefit
from the website and our promotional offers periodically or as and when sent
required.
8.LICENSE
TO USE THE WEBSITE
A)The Company may provide You with the
certain information as a result of Your use of the Website or services. Such
information may include but is not limited to, documentation, data or
information developed by the Company, and other material which may assist You
in Your use of the Website or Services ((Owner’s material). Subject to these
Terms of Service, the Company grants You non-exclusive, non-transferrable,
limited and revocable license to use the Owners material solely for the purpose
of Your use of the Website or services. The Owners material may not be used for
any other purposes and this license automatically terminates in the event of
You ceasing to use the Website or services or termination of these Terms of
Services.
B)You agree not to collect contact
information of other Users from the Website or download or copy any information
by means of unsolicited access so as to communicate directly with them or for
any other purpose.
C)Any unauthorised use by You shall
automatically result in revocation or termination of the license or permission
granted to you.
9.REVERSE
ENGINEERING
You agree not to undertake any of the
following actions-
(i)Reverse
engineer, or attempt to reverse engineer or disassemble any code or software on
or from the Website or services.
(ii)Violate
the security of the Website or Services through any unauthorized access or
circumvention of encryption or any other security tools, data mining or
interference to host, user or network.
(iii)Modification,
copy, distribution, transmission, display, performance, reproduction, publication,
license, create derivative works from, transfer, or sell any information or
software obtained from the Website. Any reproduction, copying of the content
for commercial or non-commercial purposes or unwarranted modification of data
and information within the content of the Website is prohibited.
10.ACCEPTABLE
USE
A)You
agree and undertake to use the Website and the services only to post and upload
information and material that is proper and not unlawful or is prohibited under
this clause. You agree not to use the Website in a manner that could damage the
Website, Services or the business of the Company.
B)You
further agree not to use the Website or Services –
I.to
harass , abuse, threaten ,stalk, defame others or otherwise violate anyone’s
personal rights.
II.to
violate the intellectual property rights of the Company or any third party.
III.to
upload or otherwise disseminate any computer viruses or other software that may
damage the property of another.
IV.to
perpetrate any fraud or Conduct or forward surveys, contests, pyramid schemes
or chain letters.
V.to
engage in or create any unlawful gambling, sweepstakes or any other game of
chance or luck prohibited under applicable laws.
VI.to
publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful subject, name, material
or information;
VII.to
upload grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous material or invade another's privacy, or
spread hateful, racially or ethnically objectionable, disparaging material.
VIII.to
knowingly download any file posted by another user of a service that You know,
or reasonably should know, cannot be legally distributed in such manner;
IX.to
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded;
X.to
violate any code of conduct or other terms, conditions or guidelines, which may
be applicable for or to any particular service;
XI.to
violate any of the Terms of Service or any other terms and conditions for the
use of the Website contained elsewhere herein;
XII.to
violate any applicable laws or regulations for the time being in force in or
outside India;
XIII.to
make any derogatory, defamatory, abusive, inappropriate, profane or indecent
statement and/or comment about the Website or the Company its associates,
partners and its directors on any property owned by the Company.
XIV.to
threaten the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, public order or cause incitement to the
commission of any cognizable offence or prevent investigation of any offence or
insult to any other nation or person.
XV.to
spam,phish, pharm, pretext, spider, crawl, or scrape;
XVI.to
interfere with or circumvent the security features of the Website, Service, any
related website or any other website or internet.
C)We
may, but have no obligation to, monitor, edit or remove the content that we
determine in our sole discretion are unlawful, offensive, threatening,
libellous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
D)You
may not use the Website, our services or products for any illegal or
unauthorized purpose nor may You, in the use of the Service, violate any law in
the jurisdiction to which You are subject.
E)The
Company might refuse any of Our services, terminate accounts, and/or cancel
orders at Our discretion including if We believe that a User’s conduct violates
applicable law or is harmful to Our business or other interests.
11.INTELLECTUAL
PROPERY RIGHTS
A-You
agree that the Website and all services provided by the Company are property of
the Company, including all copyrights, trademarks, trade secrets, utility
models, patents designs, know-how, inventions (whether patentable or not),
goodwill, source code, meta tags, databases, text, content, graphics, icons,
and hyperlinks and other Intellectual Property (“Company’s IP”). You
agree the Company owns all rights, title and interest in and to the Company’s
IP and that You will not use Company’s IP for any unlawful or infringing
purpose. You agree not to reproduce or distribute Company’s IP in any way
including electronically or via registration of any new trademark, tradenames, service
marks, Universal Resource Locators (URL), without express written permission from
the Company.
B-In
order to make the Website and Services available to You, You hereby grant a
royalty free, non-exclusive, world wide license to copy, display, use,
broadcast, transmit or make derivative work of any content You publish, upload
or otherwise make available to the Website (“Your Content”). The Company
claims no further proprietary rights in Your Content.
C-If
You feel any of Your intellectual property rights have been infringed upon or
otherwise violated by posting of media or information by another of Our User ,
please notify Us without delay.
D-You
further assure us that any such account details, photographs or other content
provide by You are do not infringe the intellectual property rights or privacy
rights of any third party.
12.LINKS
TO THIRD PARTY SITES
A)The
Company may from time-to-time post links to third party web sites or other
services. You agree that the Company is not responsible for any loss or damage
caused as a result of Your use of any third-party services linked to or from the
Websites.
B)The
Linked Websites are not under the control of the Company or the Website and the
Company will not be responsible for the contents of any Linked Website,
including without limitation, any link contained in a Linked Website, or any
modifications or updates to a Linked Website. The Company is not responsible
for any form of communication or transmission, whatsoever, received by You from
any Linked Website. The Company is providing these links to You only as a
convenience, and the presence of any link does not imply endorsement by the
Company or the Website of the Linked Websites or any association with its
operators, owners or any other person. Users are advised to verify the accuracy
of all information on their own before relying on such information.
C)The
Website may from time to time make available, general third-party information
such as, but not limited to, product catalogues, lists of authorized dealers,
entertainment articles, technology and features, advertisements including
videos, images and photographs of the products and other information from
external sources (“Third Party Content”). Similar Third Party Content would
also be available to You through e-mails received by You from the Company. The supply
of Third Party Content is only for general informational purposes. You
acknowledge that the Third Party Content provided to You is obtained from
sources, believed by the Company, to be reliable. The Company does not provide
any guarantee with respect to any the Third Party Content and the Company shall
not be held liable for any loss suffered by you due to your reliance on or use
of such data.
13.NO
WARRANTIES AND LIMITATION OF LIABILITY
A)You
agree that Your use of the Website and Services is at Your sole and exclusive
risk and that any services provided by Us are on an “As is” basis. The Company
hereby expressly disclaims any and all implied or express warranties of any
kind, including, but not limited to the implied warranty of fitness for a
particular purpose and the implied warranty of merchantability. The Company
makes no warranties that the Website or Services will meet Your needs or that
the Website or Services shall be uninterrupted, error free or secure. The
Company also makes no warranties as to the reliability or accuracy of any
information on the Website or obtained through the Services. You agree that any
damage that may occur to You, through Your computer system or as a result of
loss of Your data from Your use of the Website or Services is Your sole
responsibility and that the Company is not responsible or liable for any such
loss or damage.
B)All
information, software, products, services and related graphics are provided on
the Website is “as is” and “as available” basis with ,without any warranty of
any kind , either express or implied. The Website disclaims all warranties
express or implied including, without limitation, all implied warranties of
merchantability, fitness for a particular purpose, title and non- infringement
or arising from a course of dealing, usage or trade practice. The Company makes
no representation about the suitability of the information, software, products
and services contained on this Website for any purpose, and the inclusion or
offering of any products or services on the Website for any purpose, and the
inclusion or offering of any products or services on the Website does not
constitute any endorsement or recommendation of such products or services.
C)The
Website makes no warranty that the use of the Website shall be uninterrupted,
timely, secure, without or error free. You expressly agree use of the Website
is at Your own risk. The Website or the Company shall not be responsible for
any content found on the Website.
D)In
no event shall the Company be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the services;(b) unauthorized access to or
alteration of the User’s communications or data;(c) any other matter relating
to the services, including damages for loss of use, data or profits, arising
out of or in any way connected with the use or performance of the Website or
the services.
E)The
Company shall not be responsible for any delay or inability to use the Website
or related services, the provision of or failure to provide any service, or for
any information, software, products, services and related graphics obtained
through the Website, or otherwise whether based on contract, tort, negligence
or strict liability. Further, the Company shall not be held responsible for
non-availability of the Website during periodic maintenance operations or any
unplanned suspension of access of the Website that may occur due to technical
reasons or for any reason beyond the Company’s control.
F)Users
understand and agree that any material and/or data downloaded or otherwise
obtained through the Website is done entirely at User’s own discretion and risk
and User will be responsible for any damage to User’s Hardware or computer
systems or loss of data that results from the download of such material and/or
data.
G)If
You are a User of the tablet or mobile application of the Website (“App”), You
are expected to update the App on a regular basis, so that You may avail the
latest services and are duly aware of any change(s) in the Company’s Terms of
Service. In the event of failure to update the App, as and when available, You
understand and agree that the Company shall not be liable in any manner
whatsoever.
H)The
Company shall not be responsible for and disclaims all liability for any loss,
damage (whether direct, indirect or consequential), personal injury or expense
of any nature whatsoever, which may be suffered by You or any third party, as a
result of or which may be attributable, directly or indirectly, to Your access
and use of the Website, any information contained on the Website, Your personal
information or material and information communicated over Our system. In
particular, neither the Website, the Company nor any other third party or data
or content provider shall be liable in any way to You or to any other person,
firm or corporation whatsoever for any loss, liability, damage (whether direct
or consequential), personal injury or expense of any nature whatsoever arising
from any delays, inaccuracies, errors in, or omission of any information or the
communication thereof, or for any actions taken in reliance thereon or by
reason of non-performance, interruption, or termination thereof.
I)The
Website has no liability and will make no refund in the event of any delay,
cancellation, strike, force majeure or other causes beyond the direct control
of the Company and has no responsibility for additional expenses, delay,
omissions, or any acts of the Government or any lawful authority.
J)The
Company is not liable for any damages that may occur to You as a result of Your
use of the Website or Services, to the fullest extent permitted by law.
K)You
hereby agree and confirm that while the Website has made reasonable efforts to
safeguard the Website, it cannot and does not ensure or make any representation
that the Website or any information provided by You cannot be hacked by any
unauthorized third parties. You specifically agree that the Website shall not
be responsible for any unauthorized access to or alteration of Your
transmissions or any material or data sent or received or not sent or received,
or any transaction entered into through the Website.
L)You
hereby agree and confirm that the Website shall not be held liable or
responsible in any manner whatsoever for such hacking or any loss or damages
suffered by You, due to unauthorized access to the Website by the third parties
or for any such use of the information provided by You or any spam or other
messages that You may receive from such unauthorized third parties.
14.INDEMNIFICATION
A)You
agree to defend and indemnify the Company, its affiliates or Directors or
employees or associates ,partners, suppliers and service providers and hold Us
harmless against any and all legal claims or demands, losses, liabilities,
damages, costs and expenses (including legal fees and disbursements in
connection therewith and interest chargeable thereon), which may arise from or
relate to Your use or misuse of the Website or Services, Your breach of these
Terms of Services, any breach or non-performance of any representation,
warranty, covenant or agreement made or obligation to be performed by You
pursuant to these Terms of Services, your actions or conduct or omissions. You
agree that the Company shall be at liberty to choose its legal counsel and
legal defence.
B)You
accept all responsibilities for and hereby agree to indemnify and hold harmless
the Company from or against any action, taken by you or any other person
authorized to use your account, including without limitation, disclosure of
passwords to third parties. By using the Website, You agree to defend, indemnify
and hold harmless the indemnified parties from any and all liabilities regarding Your use of the Website or
participation in any of the Website activities. If you are dissatisfied with
the Website, or the Services or any portion thereof, or do not agree with these
terms, Your only remedy and exclusive recourse shall be to stop using the
Website.
C)In
no event shall the Company, its directors, officers, employees, partners,
suppliers or service providers be liable to You, the vendor or any third party
for any special, incidental, indirect, consequential or punitive damages
whatsoever, including those resulting from loss of use, data or profits,
whether or not foreseeable or whether or not the Company has been advised of
the possibility of such damages, or based on any theory of liability, including
breach of contract or warranty, negligence or other tortious action, or any
other claim arising out of or in connection with Your use of or access to the
Website, services or materials.
15.SALE
OF GOODS AND SERVICES
A)The
Company may sell goods or services or allow third parties to sell goods or
services on the Website. The Company undertakes to be as accurate as possible
with all information regarding the goods and services including but not limited
to product description and images. However, the Company does not guarantee any
accuracy or the reliability of product information and You acknowledge and
agree that You purchase such products at Your own risk. For goods and services
sold by others, the Company assumes no liability for any product and can not
make any warranties about the merchantability, fitness, safety, quality or
legality of these products. For any claim, You may have against the
manufacturers or sellers of the product, You agree to pursue that claim directly
with the manufacturers or sellers of the product and not with the Company. You
hereby release the Company from any claims related to the goods or services
sold by third parties, including any and all warranties and product liability
claims.
B)We
may, in our sole discretion, limit or cancel the quantities purchased per person,
per household or per order. Any orders including any orders by or under the
same customer account, the same credit/debit card and/or the orders that use
same billing or shipping address may be subject to the above.
C)We
further reserve an absolute right to refuse any order placed by any person and
to limit or prohibit orders, that in our sole judgement appear to be placed by
dealers, re sellers or distributors.
D)We
take care to accurately display the colors and images of our products, but we
cannot guarantee that Your phone or computer screen display of any color will
be accurate. We also do not provide any warranties that the qualities of any
products, services, information, or other material purchased or obtained by You
will meet Your expectations and standards, or that any errors in the service
will be corrected. Prices and description of the products are subject to change
at any time without notice, at Our sole discretion. We may remove or
discontinue any product s from the Website without prior notice.
16.PRICING,
PAYMENT AND FEES
A)Should
You register for any of the paid services on the Website or purchase any
products or services the Website, You agree to pay us specific monetary amounts
required for that product or service. These monetary amounts (“Fees”)
will be described to You either at the time of Your account registration or
confirmation process or from time to time at the Website. The final amount
required to be paid by You will be shown to You immediately prior to purchase.
Payment for any ongoing services is billed automatically until You notify us
about Your decision to terminate access to Services.
B)All
prices are in Indian Rupees (INR or₹) unless expressly stated otherwise.
Prices, products and services may change, any time, at the Company’s sole
discretion.
C)You
agree and undertake to provide correct and accurate credit/debit card details
to the approved payment gateway for availing services on the Website. By
providing the credit/debit card details to the approved payment gateway You
represent that You are using credit/ debit cards which are lawfully owned by You
or You have been lawfully authorized to use the said debit/credit Card. The information provided by You will not be
utilized or shared with any third party unless required in relation to fraud
verification or by law, regulation or court order. Security and confidentiality
of Your credit/ debit card details is Your sole responsibility. The Company
expressly disclaims all liabilities that may arise as a consequence of any
unauthorized use of your credit/debit card.
17.TERM,
TERMINATION AND SUSPENSION
A) The Company may terminate these Terms of
Service with You at any time for any reason, with or without cause. The Company
specifically reserves the right to terminate these Terms of Service if You
violate any of the terms mentioned herein including but not limited to,
violating the intellectual property rights of the Company or a third party,
failure to comply with applicable laws or other legal obligations, and/or
publishing or distributing illegal material. The Company shall not be liable to
You or any third party for the termination of Your Account (and accompanying
deletion of Your Account Information), or Your access to the Website and Services.
B)Except
as may be set forth in any additional terms applicable to a particular service,
termination of Your Account may include but not limited to : (i) removal of
access to all offerings within the Website or with respect to the services;
(ii) deletion of all Your material and Account Information, including Your
personal information, login ID and password, and all related information, files
and materials associated with or contained in Your account (or any part
thereof); and (iii) barring of Your further use of the services.
C)If
You have registered for an account with Us, You may also terminate these Terms
of Service at any time by contacting Us and requesting termination or choosing
any option available on the Website. Please note that any outstanding Fees will
still be due notwithstanding termination.
D)At
the termination of these Terms of Service, any provisions that would be
expected to survive termination by their nature shall remain in full force and
effect.
E)Notwithstanding
the foregoing, these Terms of Service will survive indefinitely unless and until
the either party chooses to terminate them.
18.JURISDICTION,
GOVERNING LAW AND VENUE
Through Your use of the Website or
Services, You agree that laws of India shall govern any matter or dispute
relating to or arising out of these Terms of Service, as well as dispute of any
kind that may arise between You and the Company with the exception of its
conflict of law provisions. In case any litigation specifically permitted under
these Terms of Service is initiated, parties agree to submit to the exclusive
jurisdiction of courts at New Delhi, India. The parties agree that choice of
law, venue and jurisdiction provisions is not permissive but rather mandatory
in nature. You hereby waive the right to objection of venue, including
assertion of the doctrine of forum non -convenience or any other similar
doctrine.
19.HEADINGS
FOR CONVENIENCE ONLY
Headings of parts and sub parts under
these Terms of Service are for convenience and organisation only. Headings
shall not affect or alter the meaning of any provisions contained herein.
20.SEVERABILITY
If any part or sub-part of these
Terms of Service is held invalid or unenforceable by any court of law or
competent arbitrator, the remaining part or sub parts will be enforced to the
maximum extent possible. In such scenario remainder of the Terms of Service
shall continue to be in force.
21.ABUSE
REPORTING MECHANISM
Subject to the provisions contained
here in above, the Company does not review or censor in any manner the information
or material uploaded on the Website. Users are solely responsible for the material
and content they upload on the Website and can be held legally accountable if
the content or material includes any defamatory comment or any material
protected by copyright, trademark, etc. The Company neither verifies, endorses
nor otherwise vouches for the contents of any User or any content generally
posted or uploaded on to the Website. If You are aware of any abuse or
violation of these Terms of Service or if You come across any objectionable
content on the Website, kindly report to
info @ecloset.in. It is clarified such reporting does not in any way
will make the Company responsible for the content or material reported.
22.PROMOTIONS
A) Certain
offers of featured brands, products or events may, from time to time, may be
displayed or included on the Website. It is Your sole choice whether to enter
into or not to enter into any correspondence with or participate in promotions or
not to participate in promotions of any advertisers displaying their products
on the Website (“Advertisers”). In the event of You choosing to do so, any and
all such correspondence of promotions, including the delivery of, and the
payment for, goods or services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions, are between You
and the Advertiser and the Company is in no way responsible or party to such
representation or transactions.
B)You
agree, affirm and undertake that the inclusion of an advertisement on the
Website does not constitute endorsement by the Company of any offer or
promotion associated with that advertisement, nor does it constitute
endorsement of any Advertiser/entity associated with or responsible for the
advertisement. You assume and agree to bear all risks associated with any
correspondence or transaction with the Advertiser. You agree that the Company
shall have no liability, obligation or responsibility for any aspect of Your
correspondence or transactions in case of any default on the part of the
Advertiser.
23.CONFLICT
OF TERMS
In the event of there being a conflict
or contradiction between the provisions of these Terms of Service and provisions
of any relevant terms and conditions, policies or notices relating specifically
to a particular section or part of the Website (“Specific Terms”), Specific
Terms shall prevail in respect of Your use of the
relevant section or part of the Website.
24.MODIFICATION
A)The
Company may, from time to time and at any time without notice to You, modify
these Terms of Service or revise anything contained herein. You agree that the
Company has right to modify these Terms of Service or revise anything contained
herein. You further agree that all modifications are in full force and effect
immediately upon posting on the Website and that modifications or variations
will replace any prior version of these Terms of Service unless prior versions
are specifically referred to or incorporated into latest modification or
version of these Terms of Service.
B)You
agree to routinely monitor these Terms of Service and refer to the effective
date posted at the top of these Terms of Service to note modifications or
variations. You further agree to clear Your cache to avoid accessing a prior
version of these Terms of Service. You agree that Your continued use of the
Website after any modification of these Terms of Service is a manifestation of
Your continued assent to these Terms of Service.
C)In
the event, You fail to monitor any modification to or variation of these terms
of Service, You agree that such failure shall be considered an affirmative
waiver of Your right to review the modified Terms of Service.
25.SPAM
POLICY
You are strictly prohibited from
using the Website or any of the Company’s services for illegal spam activities
including gathering e mail addresses and personal information of others or
sending any mass commercial emails.
26.AFFILIATE
MARKETING AND ADVERTISING
The
Company, through the Website and Services, may engage in affiliate marketing
whereby the Company receives commission on or percentage on sale of goods and
services on or through the Website. The Company may also accept advertising and
sponsorships from commercial businesses or receive other form of advertising
compensation.
27.ASSUMPTION
OF RISK
The
Website and Services are provided for communication purposes only. You acknowledge and agree that any
information posted on the Website is not intended to be legal advice, medical
advice or financial advice, and no fiduciary relationship has been created
between You and the Company. You further agree that Your purchase of any
products or services on the Website is at Your own risk. The Company does not
assume any responsibility or liability for any advice given on the Website.
28.WEBSITE
MANIPULATION
A)User
shall not gain or attempt to gain unauthorized access, or shall not do any act
or deed which is aimed, directly or indirectly, to gain unauthorized access to
any portion or feature of the Website, or any other systems or networks
connected to the Website or to any server, computer, network, or to any of the
services offered on or through the Website, by hacking, password “mining” or
any other illegitimate means or methods.
B)You
agree and undertake that You shall not attempt to probe, scan or test the weakness
or vulnerability of the Website or any network or server or any other hardware
or software connected to the Website nor breach the security or authentication
measures on the Website or any network connected to the Website. You shall not reverse look-up, trace or seek to trace
any information on any other User of or visitor to Website, or any other client,
including any account on the Website not owned by You, to its source, or
exploit the Website or any service or information made available or offered by
or through the Website, in a manner calculated or designed to reveal any
information, including but not limited to personal identification or
information, other than Your own information, as provided for by the Website.
C)You
agree that You shall not interfere or attempt to interfere, in any manner whatsoever,
with the working of the Website or any transaction being conducted on the
Website, or with any other person’s use of the Website.
D)You
shall not hide, conceal or supress, disguise, whether by forging the headers or
otherwise manipulating any identifiers so as to disguise the origin of any
message or communication You send to Us on or through the Website or any
service offered on or through the Website. You shall not impersonate or
represent or pretend that You are someone else or acting on behalf of someone
else.
E)User
undertakes not to use the Website or any content for any purpose that is
unlawful or prohibited by these Terms of Service, or to solicit the performance
of any illegal activity or other activity which infringes the rights of the
Company and/ or others.
F)You
shall not engage in advertising, or solicitation of, other Users of the Website
to buy or sell any products or services, including, but not limited to,
products or services related to that being displayed on the Website or related
to us. It shall be a violation of these Terms of Service to use any information
obtained from the Website in order to harass, abuse, or harm another person, or
with the intention to contact, advertise, solicit, or sell to another person
other than Us without Our prior authorization.
G)The
Company reserves the right to restrict and regulate the number of messages,
e-mails or any other communications which a User may send to other Users in any
24-hour period which We deem appropriate in our sole discretion.
H)It
is hereby clarified that the Company has the right, at all times, to disclose
any information (including the identity of the persons providing information or
materials on the Website) as is necessary to comply with any law, regulation or
valid governmental or any other lawful authority’s request or being called upon
to do so by Law enforcement agency during the course of any investigation.
29.INFORMATION
AND FEEDBACK
It is stated that any feedback You
provide to the Website shall be deemed to be non-confidential and the Company
shall have absolute and unrestricted right to use such information in any
manner whatsoever. Further, by submitting the feedback, You represent and
warrant that (i) Your feedback is not confidential and does not contain any proprietary
information of You or of any third parties or does not contain such information
to which You could not have lawful access; (ii) the Company is not under any
obligation of confidentiality, express or implied, with respect to the
feedback; (iii) the Company may already have something similar to the feedback
under consideration or in development; and (iv) You agree not to seek or claim any compensation or reimbursement of any kind
from the Company for the feedback provided under any circumstances.
30.HOW
TO CONTACT US
Please contact us for any questions
or comments (including all inquiries unrelated to copyright infringement)
regarding this Website on info@ecloset.in
31.GRIEVANCES
Name and contact details of the
Grievance Officer in accordance with Information Technology Act, 2000 and the
Information Technology (Intermediary Guidelines) Rules, 2011:
• Name: Rahul Bajaj
• Designation: Head of Operations
• Address: S VI
S NO. 29, RK Puram , Delhi, South West Delhi -110022
• E-mail: info@ecloset.in
32.PRIVACY
A)Through
the use of the Website and Services, You may provide Us with certain
information. By using the Website or Services, You authorize the Company to use
Your information in India or any other country where We may operate.
B)Information
We may collect or receive: When You register with us for an account, You
provide a valid email address and may provide Us with additional information,
such as Your name and billing information. Depending upon how You use the
Website or Services, We may also receive information from external applications
You use to access the Website or We may receive information from various web
technologies, such as cookies, log files, clear gifs, web beacons or others.
C)How
we use information: We use the information received from You to ensure Your
continued good experience on the Website, including through email
communication. We may also track the certain passive information to improve Our
marketing and analytics, and for this, We may work with third party providers.
D)How
You may protect Your information: If You would like to disable Our access to
any passive information We receive from the use of various technologies, You
may choose to disable cookies in Your web browser. Please be aware that the
Company will still receive information that You have provided such as Your
email address. If You choose to terminate Your account, the Company may retain
some information for future reference or for compliance of any law.
E)We
store and process Your Information including any sensitive financial
information collected (as defined under the Information Technology Act, 2000),
if any, on computers that may be protected by physical as well as reasonable
technological security measures and procedures in accordance with Information
Technology Act, 2000 and Rules there under. If You object to Your Information
being transferred or used in this way, please do not use the Website.
F)In
the event of We (or our affiliates)plan to merge with or are acquired by any business
entity, or undergo re-organization, amalgamation, restructuring of the business
or for any other reason whatsoever, We or Our associates may
share/sell/transfer/ license/convey some or all of Your Personal Information
with that business entity. Should such a
transaction or situation occur, the other business entity or the new combined
entity will be required to follow the privacy policy with respect to Your
personal information. Once You provide your information to Us, You afford such
information to Us as well as to Our affiliate and We and Our affiliate may use
such information to provide You various services with respect to Your
transaction.
33.INTERNATIONAL
USE
Merely because the Website may be
accessible worldwide, the Company makes no representation that materials on the
Website are appropriate or available for use in locations outside India or that
the Website complies with any country’s privacy or other laws. Accessing the
Website or materials from territories where the such content, as is displayed
on the Website, is deemed illegal is prohibited. If You choose to access the
Website from locations outside the India, You do soon Your own initiative and
are responsible for compliance with the local laws. Any offer for any product,
service, and/or information made in connection with the Website is void where
prohibited.
34.NOTICES
Electronic communications are
permitted to both the parties under these Terms of Service including email or
any other method. Notices to Us must be sent to info@ecloset.in by
e-mail, or to S VI S NO. 29, RK Puram ,
Delhi, South West Delhi -110022 if by postal mail. The address
supplied by You as part of Your data provided by You at the time of
registration shall be deemed to be Your address for service of any notice on
You from Us. In addition, We may broadcast notices or messages through the
Website to inform You of changes to the Website or other matters of importance,
and such broadcasts shall constitute notice to You at the time of sending and
it shall be Your responsibility to keep track of such broadcasts.
35.SHARING
OF YOUR PERSONAL INFORMATION
The Company does not directly or
indirectly sell, trade, or rent Users personal identification information to
other parties. We may, from time to time, share generic aggregated demographic
information not linked to any personal identification information in relation
to, visitors and Users with Our business partners, trusted affiliates and
advertisers for business purposes and to serve You better.
36.ADVERTISMENTS
ON THE WEBSITE INCLUDING GOOGLE ADSENSE
A)Cookies
may be set up on the Users computer by the advertisements appearing on Our
Website, allowing the advertisement server to recognize Your computer each time
they send You an online advertisement and to compile non-personal
identification information about You or others who use Your computer. Based
upon this information, advertisement networks deliver targeted advertisements
that they believe will be of most interest to You. However, We do not address,
control or cover the use of cookies by any Advertisers.
B)Google
may also serve advertisements by using DART cookie, which enables it to serve
ads to Users based on their visit to the Website and other sites on the
Internet. As stated by Google, DART uses “non-personally identifiable
information” and does not track personal information about You, such as Your
name, e-mail address, physical address, etc. You may opt out of the use of the
DART cookie by visiting the Google advertisement and content network privacy
policy website at http://www.google.com/privacy_ads.html
Terms & Conditions
The website Ecloset.in (“the Website”) is owned and operated by KPJ Online Services Private Limited,a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as “the Company”) and having its registered office at S VI S NO. 29, RK Puram, Delhi, South West Delhi -110022.
The use of the Website and services provided on the Website by the Company are subject to following terms and conditions (hereinafter referred to as “Terms of Service”), all parts and sub parts of which are specifically incorporated by reference here. Following are the Terms of Service for your usage of the Website, all pages on the Website and any services provided by or on this Website (“Services”).
By accessing the Website either directly or through any hyperlink or purchasing any product from us, you engage in our Services and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available on hyperlink. These Terms of Service apply to all users including but not limited to vendors, buyers, customers, merchants, browsers and/or contributors of the content.
1. Definitions
The Parties referred to in these Terms of Service shall be defined as follows-
a) “the Company”, “Owner” , “We” “Us” : Owner, as creator , operator or publisher of the Website, makes the Website and certain services on it, available to users. Owner, the Company, We, Ours and other first persons pronouns will refer to the Company , as well as all employees and affiliates of the Company.
b) You, the User, the client: You, as the user of the Website will be referred to throughout these Terms of Service in with second person pronouns such as You, Your, Yours, Users or Client. For the purposes of these Terms of Service, the term You shall include any natural or legal person who is accessing the Website. The term Your shall be construed accordingly.
c) Parties: Collectively the parties to these Terms of Service(the Company and You) shall be referred to as Parties.
d) Words denoting masculine gender shall include feminine gender and the vice versa.
e) Singular form of expression shall also include plural form and the vice versa.
f) The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”.
g) Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms of Service as a whole.
h) These Terms of Service is an electronic record in terms of the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing of the Rules and Regulations, Privacy Policy and Terms of Service for accessing and using the Website
2. ASSENT AND ACCEPTANCE
By using the Website whether as visitor or in any other manner or subscribing to or using any of our services, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by it.If You do not agree to be bound by it please leave the Website immediately. Use of the Website and services is conditional upon accepting and assenting to the Terms of Service. Further, based on the services obtained by a User, additional terms and conditions in respect of specific service may apply, which shall be deemed to be an agreement between the Owner and the User.
3. ELIGIBILITY AND COMPETENCE
A) Use of the Website and of any services offered by the Owner is restricted to a person who has attained 18 years of age or the age of majority in the jurisdiction in which the User resides and is otherwise a person competent to contract within the meaning and under the provisions of Contract Act,1872.
B) By using the Website, You represent that You have attained the age of majority and is otherwise competent to contract under Contract Act,1872.
C) The Company reserves the right to terminate Your membership and/or refuse to provide you with access to the Website if it is brought to the Company’s notice or if it is discovered that You are under the age of 18 years or the age of majority in the jurisdiction You reside.
D) You shall not have more than one active Account on the website and You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
4. SERVICES OFFERRED
A) The Website /Ecloset.in is an online platform that facilitates sale and purchase of products and services offered by the Company, its various affiliates, registered merchants, vendors and service providers. We make various services available on and through the Website including personalized recommendations and style advice for personal clothing and accessories, along with other services and features we deem relevant.
B) We reserve the sole right to
(i) refuse service or refuse to sell the product on the Website to any person for any reason at any time;
(ii) to either modify or discontinue any service associated with the Website, including any of the Website’s features, at any time with or without notice to You.
C) We will not be liable to You or anythird party should We exercise such rights as mentioned above at any time.
D) The Website does not screen or censor the Users who register on and access the Website. You assume all risks associated with dealing with other Users with whom You come in contact through the Website.
5. SEEKING CERTAIN INFORMATION FROM USER
A) For the purpose of and in the course of understanding, ascertaining and to efficiently serve the needs and requirements of the User, the styling service providers of the Company will need access to certain pertinent, User specific information, preferences or taste ofthe User. The User will, at the time of subscription or at the time of creation of User account, be asked certain questions regarding lifestyle as well as personal data such as, but not limited to, age, gender, height, weight, measurements, colour of eyes/hair, skintone, profession, fashion taste or preferences and others.
B) The information collected as aforesaid will be stored by the Website so as to provide personalised services as subscribed by the User and will only be used wholly and exclusively for the purpose of providing such services and for this purpose will be shared with the styling service provider chosen by the User, consultants or such other third parties as may be necessary for the purpose of providing the aforesaid services. When You choose to subscribe or buy such services, You agree to share all such information including those on the User Profile in the manner as described herein above.
6. USER ACCOUNT, PASSWORD AND SECURITY
A) As a first step for using the Website and to avail services, You have to register on the Website. On completion of registration process, You will receive a password and account designation. Safety and confidentiality of the Password is entirely the responsibility of the User. User is also responsible for all activities that occur under User’s password or account. User hereby agrees that: (a) User shall communicate and bring to the notice of the Company any unauthorized use of User’s password or account or any other breach of security, and (b) ensure that You exit from Your account by logging out at the end of each session. The Company will not be liable for any loss or damage arising from Your failure to comply with these requirements.
B) User shall ensure that the Account Information provided by You in the Website’s registration form is true, complete in all aspects, accurate and up-to-date and no such information, as would have adversely influenced the Company’s decision to accept the registration or not, has been withheld. Use of another user’s Account Information for availing the services is expressly prohibited by the Company.
C) In the event of any User providing information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete at any point of time), or If a User has withheld any material information or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof).
7. COMMUNICATION FROM THE COMPANY
By submitting the data on the Website, the User agrees to receive and to be informed, communicated, notified by the Company via postal mail, e-mail and/or text message (SMS), app-based messages or by any other form of electronic communication,such information, instructions or material which will facilitate Your navigation of and benefit from the website and our promotional offers periodically or as and when sent required.
8. LICENSE TO USE THE WEBSITE
A) The Company may provide You with the certain information as a result of Your use of the Website or services. Such information may include but is not limited to, documentation, data or information developed by the Company, and other material which may assist You in Your use of the Website or Services ((Owner’s material). Subject to these Terms of Service, the Company grants You non-exclusive, non-transferrable, limited and revocable license to use the Owners material solely for the purpose of Your use of the Website or services. The Owners material may not be used for any other purposes and this license automatically terminates in the event of You ceasing to use the Website or services or termination of these Terms of Services.
B) You agree not to collect contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any other purpose.
C) Any unauthorised use by You shall automatically result in revocation or termination of the license or permission granted to you.
9. REVERSE ENGINEERING
You agree not to undertake any of the following actions-
(i) Reverse engineer, or attempt to reverse engineer or disassemble any code or software on or from the Website or services.
(ii) Violate the security of the Website or Services through any unauthorized access or circumvention of encryption or any other security tools, data mining or interference to host, user or network.
(iii) Modification, copy, distribution, transmission, display, performance, reproduction, publication, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Any reproduction, copying of the content for commercial or non-commercial purposes or unwarranted modification of data and information within the content of the Website is prohibited.
10. ACCEPTABLE USE
A) You agree and undertake to use the Website and the services only to post and upload information and material that is proper and not unlawful or is prohibited under this clause. You agree not to use the Website in a manner that could damage the Website, Services or the business of the Company.
B) You further agree not to use the Website or Services –
I. to harass , abuse, threaten ,stalk, defame others or otherwise violate anyone’s personal rights.
II. to violate the intellectual property rights of the Company or any third party.
III. to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
IV. to perpetrate any fraud or Conduct or forward surveys, contests, pyramid schemes or chain letters.
V. to engage in or create any unlawful gambling, sweepstakes or any other game of chance or luck prohibited under applicable laws.
VI. to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful subject, name, material or information;
VII. to upload grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous material or invade another's privacy, or spread hateful, racially or ethnically objectionable, disparaging material.
VIII. to knowingly download any file posted by another user of a service that You know, or reasonably should know, cannot be legally distributed in such manner;
IX. to Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
X. to violate any code of conduct or other terms, conditions or guidelines, which may be applicable for or to any particular service;
XI. to violate any of the Terms of Service or any other terms and conditions for the use of the Website contained elsewhere herein;
XII. to violate any applicable laws or regulations for the time being in force in or outside India;
XIII. to make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement and/or comment about the Website or the Company its associates, partners and its directors on any property owned by the Company.
XIV. to threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or insult to any other nation or person.
XV. to spam,phish, pharm, pretext, spider, crawl, or scrape;
XVI. to interfere with or circumvent the security features of the Website, Service, any related website or any other website or internet.
C) We may, but have no obligation to, monitor, edit or remove the content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
D) You may not use the Website, our services or products for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any law in the jurisdiction to which You are subject.
E) The Company might refuse any of Our services, terminate accounts, and/or cancel orders at Our discretion including if We believe that a User’s conduct violates applicable law or is harmful to Our business or other interests.
11. INTELLECTUAL PROPERY RIGHTS
A- You agree that the Website and all services provided by the Company are property of the Company, including all copyrights, trademarks, trade secrets, utility models, patents designs, know-how, inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and other Intellectual Property (“Company’s IP”). You agree the Company owns all rights, title and interest in and to the Company’s IP and that You will not use Company’s IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Company’s IP in any way including electronically or via registration of any new trademark, tradenames, service marks, Universal Resource Locators (URL), without express written permission from the Company.
B- In order to make the Website and Services available to You, You hereby grant a royalty free, non-exclusive, world wide license to copy, display, use, broadcast, transmit or make derivative work of any content You publish, upload or otherwise make available to the Website (“Your Content”). The Company claims no further proprietary rights in Your Content.
C- If You feel any of Your intellectual property rights have been infringed upon or otherwise violated by posting of media or information by another of Our User , please notify Us without delay.
D- You further assure us that any such account details, photographs or other content provide by You are do not infringe the intellectual property rights or privacy rights of any third party.
12. LINKS TO THIRD PARTY SITES
A) The Company may from time-to-time post links to third party web sites or other services. You agree that the Company is not responsible for any loss or damage caused as a result of Your use of any third-party services linked to or from the Websites.
B) The Linked Websites are not under the control of the Company or the Website and the Company will not be responsible for the contents of any Linked Website, including without limitation, any link contained in a Linked Website, or any modifications or updates to a Linked Website. The Company is not responsible for any form of communication or transmission, whatsoever, received by You from any Linked Website. The Company is providing these links to You only as a convenience, and the presence of any link does not imply endorsement by the Company or the Website of the Linked Websites or any association with its operators, owners or any other person. Users are advised to verify the accuracy of all information on their own before relying on such information.
C) The Website may from time to time make available, general third-party information such as, but not limited to, product catalogues, lists of authorized dealers, entertainment articles, technology and features, advertisements including videos, images and photographs of the products and other information from external sources (“Third Party Content”). Similar Third Party Content would also be available to You through e-mails received by You from the Company. The supply of Third Party Content is only for general informational purposes. You acknowledge that the Third Party Content provided to You is obtained from sources, believed by the Company, to be reliable. The Company does not provide any guarantee with respect to any the Third Party Content and the Company shall not be held liable for any loss suffered by you due to your reliance on or use of such data.
13. NO WARRANTIES AND LIMITATION OF LIABILITY
A) You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any services provided by Us are on an “As is” basis. The Company hereby expressly disclaims any and all implied or express warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services shall be uninterrupted, error free or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not responsible or liable for any such loss or damage.
B) All information, software, products, services and related graphics are provided on the Website is “as is” and “as available” basis with ,without any warranty of any kind , either express or implied. The Website disclaims all warranties express or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non- infringement or arising from a course of dealing, usage or trade practice. The Company makes no representation about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on the Website for any purpose, and the inclusion or offering of any products or services on the Website does not constitute any endorsement or recommendation of such products or services.
C) The Website makes no warranty that the use of the Website shall be uninterrupted, timely, secure, without or error free. You expressly agree use of the Website is at Your own risk. The Website or the Company shall not be responsible for any content found on the Website.
D) In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services;(b) unauthorized access to or alteration of the User’s communications or data;(c) any other matter relating to the services, including damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or the services.
E) The Company shall not be responsible for any delay or inability to use the Website or related services, the provision of or failure to provide any service, or for any information, software, products, services and related graphics obtained through the Website, or otherwise whether based on contract, tort, negligence or strict liability. Further, the Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access of the Website that may occur due to technical reasons or for any reason beyond the Company’s control.
F) Users understand and agree that any material and/or data downloaded or otherwise obtained through the Website is done entirely at User’s own discretion and risk and User will be responsible for any damage to User’s Hardware or computer systems or loss of data that results from the download of such material and/or data.
G) If You are a User of the tablet or mobile application of the Website (“App”), You are expected to update the App on a regular basis, so that You may avail the latest services and are duly aware of any change(s) in the Company’s Terms of Service. In the event of failure to update the App, as and when available, You understand and agree that the Company shall not be liable in any manner whatsoever.
H) The Company shall not be responsible for and disclaims all liability for any loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever, which may be suffered by You or any third party, as a result of or which may be attributable, directly or indirectly, to Your access and use of the Website, any information contained on the Website, Your personal information or material and information communicated over Our system. In particular, neither the Website, the Company nor any other third party or data or content provider shall be liable in any way to You or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the communication thereof, or for any actions taken in reliance thereon or by reason of non-performance, interruption, or termination thereof.
I) The Website has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond the direct control of the Company and has no responsibility for additional expenses, delay, omissions, or any acts of the Government or any lawful authority.
J) The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law.
K) You hereby agree and confirm that while the Website has made reasonable efforts to safeguard the Website, it cannot and does not ensure or make any representation that the Website or any information provided by You cannot be hacked by any unauthorized third parties. You specifically agree that the Website shall not be responsible for any unauthorized access to or alteration of Your transmissions or any material or data sent or received or not sent or received, or any transaction entered into through the Website.
L) You hereby agree and confirm that the Website shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by You, due to unauthorized access to the Website by the third parties or for any such use of the information provided by You or any spam or other messages that You may receive from such unauthorized third parties.
14. INDEMNIFICATION
A) You agree to defend and indemnify the Company, its affiliates or Directors or employees or associates ,partners, suppliers and service providers and hold Us harmless against any and all legal claims or demands, losses, liabilities, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms of Services, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Services, your actions or conduct or omissions. You agree that the Company shall be at liberty to choose its legal counsel and legal defence.
B) You accept all responsibilities for and hereby agree to indemnify and hold harmless the Company from or against any action, taken by you or any other person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the Website, You agree to defend, indemnify and hold harmless the indemnified parties from any and all liabilities regarding Your use of the Website or participation in any of the Website activities. If you are dissatisfied with the Website, or the Services or any portion thereof, or do not agree with these terms, Your only remedy and exclusive recourse shall be to stop using the Website.
C) In no event shall the Company, its directors, officers, employees, partners, suppliers or service providers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.
15. SALE OF GOODS AND SERVICES
A) The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services including but not limited to product description and images. However, the Company does not guarantee any accuracy or the reliability of product information and You acknowledge and agree that You purchase such products at Your own risk. For goods and services sold by others, the Company assumes no liability for any product and can not make any warranties about the merchantability, fitness, safety, quality or legality of these products. For any claim, You may have against the manufacturers or sellers of the product, You agree to pursue that claim directly with the manufacturers or sellers of the product and not with the Company. You hereby release the Company from any claims related to the goods or services sold by third parties, including any and all warranties and product liability claims.
B) We may, in our sole discretion, limit or cancel the quantities purchased per person, per household or per order. Any orders including any orders by or under the same customer account, the same credit/debit card and/or the orders that use same billing or shipping address may be subject to the above.
C) We further reserve an absolute right to refuse any order placed by any person and to limit or prohibit orders, that in our sole judgement appear to be placed by dealers, re sellers or distributors.
D) We take care to accurately display the colors and images of our products, but we cannot guarantee that Your phone or computer screen display of any color will be accurate. We also do not provide any warranties that the qualities of any products, services, information, or other material purchased or obtained by You will meet Your expectations and standards, or that any errors in the service will be corrected. Prices and description of the products are subject to change at any time without notice, at Our sole discretion. We may remove or discontinue any product s from the Website without prior notice.
16. PRICING, PAYMENT AND FEES
A) Should You register for any of the paid services on the Website or purchase any products or services the Website, You agree to pay us specific monetary amounts required for that product or service. These monetary amounts (“Fees”) will be described to You either at the time of Your account registration or confirmation process or from time to time at the Website. The final amount required to be paid by You will be shown to You immediately prior to purchase. Payment for any ongoing services is billed automatically until You notify us about Your decision to terminate access to Services.
B) All prices are in Indian Rupees (INR or₹) unless expressly stated otherwise. Prices, products and services may change, any time, at the Company’s sole discretion.
C) You agree and undertake to provide correct and accurate credit/debit card details to the approved payment gateway for availing services on the Website. By providing the credit/debit card details to the approved payment gateway You represent that You are using credit/ debit cards which are lawfully owned by You or You have been lawfully authorized to use the said debit/credit Card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verification or by law, regulation or court order. Security and confidentiality of Your credit/ debit card details is Your sole responsibility. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card.
17. TERM, TERMINATION AND SUSPENSION
A) The Company may terminate these Terms of Service with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate these Terms of Service if You violate any of the terms mentioned herein including but not limited to, violating the intellectual property rights of the Company or a third party, failure to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. The Company shall not be liable to You or any third party for the termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
B) Except as may be set forth in any additional terms applicable to a particular service, termination of Your Account may include but not limited to : (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of all Your material and Account Information, including Your personal information, login ID and password, and all related information, files and materials associated with or contained in Your account (or any part thereof); and (iii) barring of Your further use of the services.
C) If You have registered for an account with Us, You may also terminate these Terms of Service at any time by contacting Us and requesting termination or choosing any option available on the Website. Please note that any outstanding Fees will still be due notwithstanding termination.
D) At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
E) Notwithstanding the foregoing, these Terms of Service will survive indefinitely unless and until the either party chooses to terminate them.
18. JURISDICTION, GOVERNING LAW AND VENUE
Through Your use of the Website or Services, You agree that laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as dispute of any kind that may arise between You and the Company with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, parties agree to submit to the exclusive jurisdiction of courts at New Delhi, India. The parties agree that choice of law, venue and jurisdiction provisions is not permissive but rather mandatory in nature. You hereby waive the right to objection of venue, including assertion of the doctrine of forum non -convenience or any other similar doctrine.
19. HEADINGS FOR CONVENIENCE ONLY
Headings of parts and sub parts under these Terms of Service are for convenience and organisation only. Headings shall not affect or alter the meaning of any provisions contained herein.
20. SEVERABILITY
If any part or sub-part of these Terms of Service is held invalid or unenforceable by any court of law or competent arbitrator, the remaining part or sub parts will be enforced to the maximum extent possible. In such scenario remainder of the Terms of Service shall continue to be in force.
21. ABUSE REPORTING MECHANISM
Subject to the provisions contained here in above, the Company does not review or censor in any manner the information or material uploaded on the Website. Users are solely responsible for the material and content they upload on the Website and can be held legally accountable if the content or material includes any defamatory comment or any material protected by copyright, trademark, etc. The Company neither verifies, endorses nor otherwise vouches for the contents of any User or any content generally posted or uploaded on to the Website. If You are aware of any abuse or violation of these Terms of Service or if You come across any objectionable content on the Website, kindly report to info @ecloset.in. It is clarified such reporting does not in any way will make the Company responsible for the content or material reported.
22. PROMOTIONS
A) Certain offers of featured brands, products or events may, from time to time, may be displayed or included on the Website. It is Your sole choice whether to enter into or not to enter into any correspondence with or participate in promotions or not to participate in promotions of any advertisers displaying their products on the Website (“Advertisers”). In the event of You choosing to do so, any and all such correspondence of promotions, including the delivery of, and the payment for, goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are between You and the Advertiser and the Company is in no way responsible or party to such representation or transactions.
B) You agree, affirm and undertake that the inclusion of an advertisement on the Website does not constitute endorsement by the Company of any offer or promotion associated with that advertisement, nor does it constitute endorsement of any Advertiser/entity associated with or responsible for the advertisement. You assume and agree to bear all risks associated with any correspondence or transaction with the Advertiser. You agree that the Company shall have no liability, obligation or responsibility for any aspect of Your correspondence or transactions in case of any default on the part of the Advertiser.
23. CONFLICT OF TERMS
In the event of there being a conflict or contradiction between the provisions of these Terms of Service and provisions of any relevant terms and conditions, policies or notices relating specifically to a particular section or part of the Website (“Specific Terms”), Specific Terms shall prevail in respect of Your use of the relevant section or part of the Website.
24. MODIFICATION
A) The Company may, from time to time and at any time without notice to You, modify these Terms of Service or revise anything contained herein. You agree that the Company has right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into latest modification or version of these Terms of Service.
B) You agree to routinely monitor these Terms of Service and refer to the effective date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear Your cache to avoid accessing a prior version of these Terms of Service. You agree that Your continued use of the Website after any modification of these Terms of Service is a manifestation of Your continued assent to these Terms of Service.
C) In the event, You fail to monitor any modification to or variation of these terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Terms of Service.
25. SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s services for illegal spam activities including gathering e mail addresses and personal information of others or sending any mass commercial emails.
26. AFFILIATE MARKETING AND ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives commission on or percentage on sale of goods and services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other form of advertising compensation.
27. ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on the Website is not intended to be legal advice, medical advice or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any products or services on the Website is at Your own risk. The Company does not assume any responsibility or liability for any advice given on the Website.
28. WEBSITE MANIPULATION
A) User shall not gain or attempt to gain unauthorized access, or shall not do any act or deed which is aimed, directly or indirectly, to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means or methods.
B) You agree and undertake that You shall not attempt to probe, scan or test the weakness or vulnerability of the Website or any network or server or any other hardware or software connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other client, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in a manner calculated or designed to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
C) You agree that You shall not interfere or attempt to interfere, in any manner whatsoever, with the working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
D) You shall not hide, conceal or supress, disguise, whether by forging the headers or otherwise manipulating any identifiers so as to disguise the origin of any message or communication You send to Us on or through the Website or any service offered on or through the Website. You shall not impersonate or represent or pretend that You are someone else or acting on behalf of someone else.
E) User undertakes not to use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and/ or others.
F) You shall not engage in advertising, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or with the intention to contact, advertise, solicit, or sell to another person other than Us without Our prior authorization.
G) The Company reserves the right to restrict and regulate the number of messages, e-mails or any other communications which a User may send to other Users in any 24-hour period which We deem appropriate in our sole discretion.
H) It is hereby clarified that the Company has the right, at all times, to disclose any information (including the identity of the persons providing information or materials on the Website) as is necessary to comply with any law, regulation or valid governmental or any other lawful authority’s request or being called upon to do so by Law enforcement agency during the course of any investigation.
29. INFORMATION AND FEEDBACK
It is stated that any feedback You provide to the Website shall be deemed to be non-confidential and the Company shall have absolute and unrestricted right to use such information in any manner whatsoever. Further, by submitting the feedback, You represent and warrant that (i) Your feedback is not confidential and does not contain any proprietary information of You or of any third parties or does not contain such information to which You could not have lawful access; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Company may already have something similar to the feedback under consideration or in development; and (iv) You agree not to seek or claim any compensation or reimbursement of any kind from the Company for the feedback provided under any circumstances.
30. HOW TO CONTACT US
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website on info@ecloset.in
31. GRIEVANCES
Name and contact details of the Grievance Officer in accordance with Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011:
• Name: Rahul Bajaj
• Designation: Head of Operations
• Address: S VI S NO. 29, RK Puram , Delhi, South West Delhi -110022
• E-mail: info@ecloset.in
32. PRIVACY
A) Through the use of the Website and Services, You may provide Us with certain information. By using the Website or Services, You authorize the Company to use Your information in India or any other country where We may operate.
B) Information We may collect or receive: When You register with us for an account, You provide a valid email address and may provide Us with additional information, such as Your name and billing information. Depending upon how You use the Website or Services, We may also receive information from external applications You use to access the Website or We may receive information from various web technologies, such as cookies, log files, clear gifs, web beacons or others.
C) How we use information: We use the information received from You to ensure Your continued good experience on the Website, including through email communication. We may also track the certain passive information to improve Our marketing and analytics, and for this, We may work with third party providers.
D) How You may protect Your information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information that You have provided such as Your email address. If You choose to terminate Your account, the Company may retain some information for future reference or for compliance of any law.
E) We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act, 2000 and Rules there under. If You object to Your Information being transferred or used in this way, please do not use the Website.
F) In the event of We (or our affiliates)plan to merge with or are acquired by any business entity, or undergo re-organization, amalgamation, restructuring of the business or for any other reason whatsoever, We or Our associates may share/sell/transfer/ license/convey some or all of Your Personal Information with that business entity. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. Once You provide your information to Us, You afford such information to Us as well as to Our affiliate and We and Our affiliate may use such information to provide You various services with respect to Your transaction.
33. INTERNATIONAL USE
Merely because the Website may be accessible worldwide, the Company makes no representation that materials on the Website are appropriate or available for use in locations outside India or that the Website complies with any country’s privacy or other laws. Accessing the Website or materials from territories where the such content, as is displayed on the Website, is deemed illegal is prohibited. If You choose to access the Website from locations outside the India, You do soon Your own initiative and are responsible for compliance with the local laws. Any offer for any product, service, and/or information made in connection with the Website is void where prohibited.
34. NOTICES
Electronic communications are permitted to both the parties under these Terms of Service including email or any other method. Notices to Us must be sent to info@ecloset.in by e-mail, or to S VI S NO. 29, RK Puram , Delhi, South West Delhi -110022 if by postal mail. The address supplied by You as part of Your data provided by You at the time of registration shall be deemed to be Your address for service of any notice on You from Us. In addition, We may broadcast notices or messages through the Website to inform You of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to You at the time of sending and it shall be Your responsibility to keep track of such broadcasts.
35. SHARING OF YOUR PERSONAL INFORMATION
The Company does not directly or indirectly sell, trade, or rent Users personal identification information to other parties. We may, from time to time, share generic aggregated demographic information not linked to any personal identification information in relation to, visitors and Users with Our business partners, trusted affiliates and advertisers for business purposes and to serve You better.
36. ADVERTISMENTS ON THE WEBSITE INCLUDING GOOGLE ADSENSE
A) Cookies may be set up on the Users computer by the advertisements appearing on Our Website, allowing the advertisement server to recognize Your computer each time they send You an online advertisement and to compile non-personal identification information about You or others who use Your computer. Based upon this information, advertisement networks deliver targeted advertisements that they believe will be of most interest to You. However, We do not address, control or cover the use of cookies by any Advertisers.
B) Google may also serve advertisements by using DART cookie, which enables it to serve ads to Users based on their visit to the Website and other sites on the Internet. As stated by Google, DART uses “non-personally identifiable information” and does not track personal information about You, such as Your name, e-mail address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google advertisement and content network privacy policy website at http://www.google.com/privacy_ads.html