THESE TERMS OF USE ("AGREEMENT") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THIS AGREEMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF A WEBSITE/APPLICATION/DIGITAL PLATFORM.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS; AND INCLUDES VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
FURTHER, THESE TERMS REQUIRE THE RESOLUTION OF ANY DISPUTE ON AN INDIVIDUAL BASIS, AND YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPERSENTATIVE CAPACITY. BY USING THE INDYVERSE PLATFORM YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE
This Agreement sets forth the legally binding terms and conditions for your access and use of website, mobile site with domain name "www.indyverse.in", (hereinafter collectively referred to as "Website") and any other associated products, applications or software used for the purpose of uploading, selling, making available for viewing and allowing the users to purchase the listed products (the "Services") offered by Tie Ethnic Online Private Limited, a private limited company registered under the Companies Act, 2013 bearing CIN U72900HR2021PTC098773 and having its registered office address at Unit No. 311, Suncity Business Tower, Sector 54 Gurgaon 122002, Haryana, India (", "Company", "we", "us", "our"). The Company is a leading luxury fashion house in India and provides premium Indian designer products and services. The "user", "you", "yourr" shall refer to any natural person or entity and its authorized users that subscribes to or uses our Services.
If you visit, browse, or shop on the Website, it is considered as use of this Website. In addition, when you use any current or future services provided by the Company or visit or purchase from any business affiliated with the Company, you will also be subject to the guidelines and conditions applicable to such service or merchant. By accessing or using our Website, you are accepting this Agreement (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). You may not access or use the Website or accept this Agreement if you are not at least 18 years old. If at all a minor uses the Services provided by us, we assume that such use by a minor is under the supervision of their guardian(s). If you do not agree with any or all of the provisions of this Agreement, do not access and/or use the Website(s). Please read this Agreement along with the Privacy Policy which is available on https://www.indyverse.in/privacy and is incorporated herein by reference, before you use the Services provided by us. By accessing and using the Services, you affirm that you have read, understood, and will comply with the terms and conditions mentioned herein.
We may, in our sole and absolute discretion and without any specific notice to you, update and change any part or all of this Agreement, including but not limited to the fees and charges associated with the use of or access to our services and/or products. If we update or change this Agreement, then the updated version will be posted at https://www.indyverse.in or on the relevant products'/services' page. When we change/modify this Agreement, we will specify the "Last Modified" date and the updated agreement will become effective and binding from such date. You are required to review this Agreement periodically/from time to time. Unless explicitly stated otherwise, any new features or products that change, augment or enhance our current services and/or products shall be subject to the terms of this Agreement.
As part of our products and/or Services, you as a user may from time to time receive updates/upgrades to our products and/or Services which may be automatically downloaded and installed to the users device/systems or reflected on our Website. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of our products and/or services. You agree that we may automatically deliver such updates to you as part of our products and/or services and you shall receive and install them as required for continuous services/use. You also agree and acknowledge that your ability to use the Services may be detrimentally impacted by regulatory action or changes in any applicable regulations. You further agree that we may disclose your personal and account information if we believe that it is reasonably necessary to comply with any law, regulation, legal process, or governmental request as may be required by the relevant authority.
You further agree and acknowledge that by use of the Services you hereby explicitly consent to receiving administrative and promotional emails from the Company. We will send you information including but not being limited to your account activity and purchases, updates about our products and promotional offers. Kindly see our Privacy Policy for further details. You can opt out of receiving our promotional emails anytime by clicking the "Unsubscribe" option in our email correspondences or alternatively by writing to us at hello@indyverse.in. The offers made in those promotional emails or messages shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change.
1. WHY SHOULD YOU READ THE TERMS OF USE
You should read the terms and conditions set out under this Agreement as they contain our legal commitments to you and a number of DOs and DON'Ts which you need to be aware of when you use our Services. Please read these terms and conditions carefully in order to understand them. By accessing our Website and using the Services provided by us therein, you agree to accept and be legally bound by these terms and conditions. If you do not agree with this Agreement, you should not access or use the Services we provide on our Website.
2. USE OF THE SERVICES
2.1 Description of the Services: On this Website, we provide you with access to products including but not being limited to clothing, accessories, and other merchandise that can be purchased at the price mentioned on the Website for the relevant product and on terms contained herein as well as on the relevant product page. We also provide you with styling services and a comprehensive assisted shopping experience. As part of our services, our team shall help you in selecting the products suitable to your needs and provide for customizations accordingly.
2.2 The Platform is for your Personal and non-commercial use only, unless otherwise agreed upon in accordance with the terms of a separate agreement. Further, please note that the platform is for use around the globe.
2.3 Placing an order. You may register yourself on our Website by creating an account and entering your information as may be required for us to set-up your account ("Account Holder"). Collected information shall be subject to our Privacy Policy. You are required to create an account in order to purchase any product from the Website. Upon being an Account Holder, you shall avail yourself of the benefits that an Account Holder receives from time to time on their registered email id. This is required so we can provide you with easy access to print your orders and view your past purchases. The Company does not levy any registration fees for the purpose of registration on the Website nor does it charge any fee for use of the Website. However, the Company reserves the right to levy fee for specific Services or features provided therein. By placing an order, you make an offer to the Company to purchase the products you have selected based on standard Website conditions, merchant specific conditions, and on the terms and conditions stated herein.
2.4 Management and verification of your account: You hereby represent and warrant that:
2.4.1 all required registration information you submit is truthful and accurate;
2.4.2 you will maintain the accuracy of such information and upon any change in the information provided by you, you will update the same on your account setting section of the Website;
2.4.3 your use of the Services is and shall be in accordance with applicable law. You may delete your account at any time, for any reason, by following the instructions on the Website. As the Account Holder, you shall be individually responsible for the accuracy and correctness of all such details/information provided during your registration on the Website. If the Company has reason to doubt the correctness of any details/information furnished or in case any information furnished is found to be incorrect, false or misleading in nature or otherwise not in accordance with the Terms of Use, then the Company shall be entitled to terminate or indefinitely suspend your account in accordance with Section 17 or block your access to the Website and refuse to provide access permanently or for such period as the Company deems fit.
2.5 Eligibility Criteria: For any use of the Website, the User hereby represents and warrants of being at least 18 (eighteen) years of age or above and are fully able and competent as defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms and conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use. It is agreed that the Company does not have the responsibility to ensure that Users conform to the aforesaid eligibility criteria. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of the Website that may occur by the virtue of any person including minor registering for the use of the Website.
2.6 Identity Verification: You agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services and your access to the Services may be altered as a result of information collected on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to update this information and keep it true, accurate, current and complete at all times. You authorize us to make the inquiries, whether directly or through third parties, that we consider appropriate, in our sole discretion, to verify your identity or protect you and/or us against fraud or other financial crimes, and to take action we reasonably deem necessary based on the results of such inquiries.
2.7 Limits on purchase: We reserve the right to refuse your order that is placed with us or is being attempted to be placed with us. We may, in our sole discretion, limit or cancel the quantities purchased by you. The refund amount of such cancelled order shall be credited in the manner as laid down in our Cancellation and Refund Policy. In the event that we make a change to or cancel an order, we shall notify you by sending an e-mail on your registered email address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
2.8 Certain Restrictions. By using the Services, you represent and warrant that:
2.8.1 neither you nor any of your directors, officers, employees, agents, affiliates or representatives is an individual or an entity that is, or is owned or controlled by an individual or entity that is
2.8.2 currently the subject of any Sanctions, or
2.8.3 located, organized or resident in a Designated Jurisdiction;
2.8.4 you have complied in all material respects with all applicable laws relating to Sanctions, anti-terrorism, anti-corruption and anti-money laundering; and
2.8.5 you have instituted and maintained policies and procedures designed to promote and achieve compliance with such laws. For the purpose of this Agreement, "Designated Jurisdiction" means any country or territory to the extent that such country or territory itself is the subject of any Sanction; "Sanction(s)" means any international economic sanction administered or enforced by the United States Government (including OFAC), the United Nations Security Council, the European Union or other relevant sanctions authority.
2.9 Account Responsibilities. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account including all consequences under applicable laws. You agree agree that the Company shall not be liable for any unauthorized use, unauthorized access or any misuse of your account and to immediately notify us of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. You are responsible for safeguarding the passwords to access the Website. The Company encourages you to use strong passwords and change the passwords periodically. Further the user shall ensure safe logging out from the account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.10 Compliance. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is automatically revoked where use of the Services is prohibited or to the extent that the offering, sale or provision of the Services conflicts with any law, rule or regulation applicable to you.
2.11 Available Only Where Permitted by Law. The Services are only available in jurisdictions where they may be legally offered for sale. By accessing or using the Services, you represent and warrant that you are not a person who is barred from accessing the Website as provided on the Services.
3.USER INFORMATION AND ITS USE
"User Information" refers to any information you provide to us or other users of the Website while making use of the Website, including but not limited to information that is provided by you in the registration process, in the feedback area, bulletin board, WhatsApp or other chat service provided on the Website, through any email feature etc. You are solely responsible for your information, and in accordance with certain features of the Website. Our use of the your information is governed by the associated Privacy Policy.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
3.1 belongs to another person and to which you do not have any right;
3.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
3.3 harms minors in any way;
3.4 infringes any patent, trademark, copyright or other proprietary rights;
3.5 violates any law for the time being in force;
3.6 deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
3.7 impersonate another person;
3.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
3.9 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; and/or
3.10 creates liability for us or causes us to lose (in whole or in part) the services of our internet service providers or other suppliers.
Further, to enable us to use the information that you provide to us, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to use your information, in any media now known or not currently known, in accordance with this Agreement and/or our Privacy Policy.
4. ACCESS TO THE SERVICES
4.1 License. Subject to this Agreement, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal use.
4.2 Modification. We reserve the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
4.3 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
4.4 Ownership. You acknowledge that all the intellectual property rights in the Services and the products sold on our Websites, including but not limited to the copyrights, designs, patents, trademarks, and trade secrets, in the Services and its content are either owned by the Company's business partners or the Company, its subsidiaries, affiliates or other authorized third-parties. Neither this Agreement (nor your access to the Services) transfers to you or any unauthorized third party any rights, title or interest in or to such intellectual property rights. We, our business partners, our subsidiaries, affiliates or authorized third-parties reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement. The grant of a limited license to access or use of the Website does not confer and does not mean transferring upon anyone the license to use any rights mentioned herein in this Section or otherwise. Further, this does not license for any downloading or copying of account information or content for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any content available through the Website, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
4.5 Attacks On Website. We cannot prevent or mitigate attacks on the Website and have no obligation to engage in activity in relation to such attacks. In the event of an attack, we reserve the right to take commercially reasonable actions, including, but not limited to, if we confirm that a Service is compromised or under attack, immediately halting its use. We have made no representation and do not warrant the safety on the Services. and you assume all liability for any losses incurred by you from the use of the Services.
5. ORDER OF PRODUCTS
All products and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the terms as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order.
No act or omission of the Company prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
5.1 We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. All products are handcrafted so there may be some variations in the actual product received. Packaging of the product may vary from the packaging of the product displayed on the Website.
6. PRODUCTS SOLD
6.1 Product Features: We endeavor to display products for sale as accurately as possible. However, since the display of computer monitors, tablets, phones, and screens of other electronic devices may vary, we cannot guarantee that your monitor's display of colour(s) will be completely accurate.
6.2 Pricing Information: The Company strives to provide the User with the best prices possible on products and/or services that the User purchases from the Company. However, we do not guarantee that the price will be the lowest in the city, region, or immediate geographical area. Prices and availability are subject to change without any prior notice to you.
6.3 Price Match Policy: The Company offers the Users a price match policy, subject to the following terms:
6.3.1 The price being compared should be within the same geographical location;
6.3.2 The price being compared should be the price listed publicly by the online platform or offline store. The Company will not be able to match a price that the User has negotiated with another platform or store.
6.4 The final prices shall be determined at sole discretion of the Company. While the Company will endeavour to match the lower price listed on another sale platform, if the Company is unable to match the price, the Company will not be obligated to conclude a sale with the User at such lower price. The individual product price as showcased on the Website may include supplier product price, shipping charges and customization charges (if any).
6.5 Cancellation: While the Company strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Company may, at its discretion, either contact the User for instructions or cancel the Users order and notify the User of such cancellation. The Company reserves the right to modify the price of the product and contact the User for further instructions using the e-mail address or telephone number provided by the User at the time of registration or while placing an order, or cancel the order and notify the User of such cancellation.
6.6 Custom Orders
6.6.1 Any modification and/or alteration requested to be made to a product for which a purchase is being made through the website shall be considered as a customization for the purposes of this Agreement. We can accommodate limited requests for customizations such as addition of a plain sleeve or covering up a sheer part. Further, "Made to Order" products can be tailored as per measurements and requests for change in colour can be accommodated subject to availability. Embroidery can be added as a customization which will be chargeable. For further information and queries, kindly reach out to our customer support team.
6.6.2 Orders of the following nature will be considered as being "Made To Measure" orders and additional fee may be charged.
6.6.2.1) Products outside the standard measurements of XS and XXL orders.
6.6.2.2) Expedient delivery orders.
6.6.3 All customizations shall be subject to availability and specific confirmation Customizations may be chargeable by the designer. If any extra fee is to be charged to a User for customization, the same will be communicated to the User while accepting the User's customization request. All customised orders will be non-refundable, non-exchangeable and non-returnable. The Company reserves the right to cancel or withdraw the offer to customise at any given point of time without any prior notification.
6.6.4 Any sizing issues that arise out of erroneous production and./or alteration may be rectified by the Company. However, if a product is customised and/or altered as per the measurements that are provided by the Company, the Company shall not bear costs or responsibility for any subsequent alteration. If a User requires additional alteration, the same may be taken up as per the designer's discretion subject to their confirmation and availability and will be subject to additional payment by the User.
6.6.5 Requests for modification and/or alteration of the basic silhouette or design of a product shall not be entertained.
7. APPOINTMENTS FOR "MADE TO MEASURE" ORDERS
7.1 Home visits: The Services include the provision that enables you to arrange and schedule home visits ("Appointments") from field executives ("Outfitters") to take your measurements for "Made To Measure" orders. In respect of the Appointment, you shall be required to pay the amount indicated at the time of booking. You may provide us with a preferred time slot while making an Appointment. The Outfitter will use reasonable endeavours to keep any Appointment you make with us but we cannot guarantee that Outfitter will arrive on time in each case.
7.2 Delay and Rescheduling of Appointments: If any Outfitter is delayed, they will try to contact you in advance to let you know of any expected delay. From time to time, due to unavoidable reasons, we may also have to re-schedule an appointment. In such an event, we will try to re-schedule another appointment as soon as reasonably possible. We will not be responsible to you for any delay in keeping appointments or if we have to re-schedule an appointment. We will not be responsible if we are impaired or stopped from conducting the services by you for any reason whatsoever or are otherwise unable to provide the services as a result of any event that is outside our reasonable control.
7.3 Identification: In certain circumstances you may be required to furnish identification proof to avail the outfitter services, and hereby agree to do so. A failure to comply with this request may result in your inability to use the outfitter services.
7.4 Outfitter Information: upon acceptance of the appointment for ??ade for You?? orders, Indyverse may provide you with the outfitters information i.e Name, contact number, a picture of the outfitter and any other information as considered appropriate.
7.5 User Conduct and Anti-Discrimination: You hereby authorise the Outfitter to enter the designated premises (provided by you at the time of making the Appointment) for the purpose of the Appointment. We reserve the right to cancel any Appointments which are not reasonably accessible to the Outfitter. You agree to treat the Outfitter with courtesy and respect and that you provide them with a safe, clean, and appropriate location to perform the services. Outfitters shall be entitled to refuse to perform services if you have not provided a safe, clean and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. Further, we reserve the right to withhold access to the Services and otherwise limit your access to our Website at our absolute discretion if you behave towards any Outfitter in a manner which is discourteous, disrespectful or abusive, or which we otherwise deem to be inappropriate or unlawful. The Company has a zero-tolerance policy towards and prohibits discrimination against Outfitters, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to accept visitation based on any of these characteristics. You agree that you will be liable for discriminating against Outfitters or for any failure, intentional or otherwise, to provide the Outfitters a safe, clean and appropriate location. Additionally, you will also disclose any and all information that may have a bearing on the ability of the Outfitter to perform their services or impact the Outfitter's health, safety, or well-being to the Company and the Outfitter.
7.6 Limitation of Liability: You acknowledge that the Outfitter may be an independent contractor or an employee. You further acknowledge that we will not have any liability or claims that arise out of the actions of the Outfitter. In no event shall we be liable for damages of any kind, including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper measurements, inaccurate information or any other loss incurred in connection with you availing the services of the Outfitter. The foregoing limitation shall apply even if we knew of or ought to have known of the possibility of such damages. We do not guarantee or warrant, and we make no representation whatsoever regarding the reliability, quality, or suitability of the Outfitter.
7.7 Tips and Gratuity: We do not designate any portion of your payment as a tip or gratuity to the Outfitter. Any representation by us to the effect that tipping is "voluntary", "not required", and/or "included" in the payments that you make is not intended to suggest that we provide any additional payments to the Outfitters. You understand that while you are free to provide additional payment as a gratuity to any Outfitter, you are under no obligation to do so. Gratuities are voluntary.
7.8 You agree that in the event that an Outfitter behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such incident to hello@indyverse.in at the earliest but in any event within 48 (forty eight) hours of such incident.
8. ONLINE PAYMENT
All payments on the Website are securely processed through our payment gateway partner. We endeavour to ensure confirmation of ordered item(s), availability and shipping before processing your order transaction. You will be advised by email if we are unable to complete your order.
PAYMENT PROCESSORS : We may use 3rd party payment processors to bill you through your selected mode of payments. The processing of the payments will be subject to the terms and policies of such Payment processors in addition to these Terms. We shall not be liable for any error of payment processor. In the event of any unsuccessful payments, the money debited shall be credited in accordance with the terms of the payment processor.
8.1 Payment Modes. The Company will only collect the amount as printed on the invoice via the following modes of payments.
8.1.1 Cash on Delivery
COD will be available only on standard orders below INR 5000 (Indian Rupees Five Thousand). The payments will be accepted only in Indian currency (except denominations no longer in circulation by the government).
Note: COD is not available on International orders i.e outside India orders.
8.1.2 Credit/Debit Card
The following cards issued in India may be used for payment: Credit cards: Visa, Mastercard, American Express, Diners Club and Rupay Debit cards: Visa, Mastercard, Rupay and Maestro The User agrees, understands and undertakes that the credit/debit card details provided for availing of services on the Website are correct and accurate and the User shall not use the credit/debit card which is not lawfully owned by the User. The User must use a credit/debit card that is issued in their name.
The User's credit/debit card details will not be utilised and shared by the Company with any third parties unless required for fraud verifications or by law, regulation or court order. The Company shall not be held liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on the User and the onus to "prove otherwise" shall be exclusively on the User.
8.1.3 Net Banking
8.1.4 Unified Payment Interface (UPI)
9. OFFERS AND PROMOTIONS
No two offers and/or codes can be clubbed and used together. The Company may change, modify or remove an offer or code at any time without any prior notice to the User. Such changes shall not be applicable on previous orders.
Products purchased during sales or on a discount cannot be exchanged or refunded. Specific sale offers cannot be clubbed with any other offer, discount or coupon code. In case your order consists of products on sale or discounts and full-priced products, any coupon or discount code will only be applied to the full-priced products. Discounts will not be applicable on "Made To Measure" orders. COD orders are subject to order confirmation done via phone call or email. During sale, the timeline for confirmation is 48 to 72 hours. Orders not confirmed could be cancelled.
10. CASHBACK
Cashback will be given in the form of wallet balance only. The cashback of wallet balance is valid for 6 months from the date of issuance. Cash back is available only on non-discounted products. If Your cart consists of discounted as well as full-price products, the cash back will be applicable only on the full priced products. The credit will reflect in your account automatically without any code/coupon being applied by you. The credit will reflect in your account after the delivery of a product. Kindly note that cashback is applicable only if a purchase is made by logging into your account on the Website.
11. GIFT CARDS
11.1 A gift card will be valid for a period of 1 (one) year from the date of issue of such gift card. We reserve the right to reject any gift card if we suspect that the gift card has been utilized or if the promo code is invalid or if you are not the intended recipient. The validity of a gift card is mentioned while it is being issued. Neither the validity of gift cards shall be extended nor can new gift cards be issued against the expired/unused gift cards. Gift cards are non-transferable and cannot, in part or in whole, be. 11.1.1 redeemed for cash/gift vouchers/credit notes; 11.1.2 refunded; or 11.1.3 substituted. If the invoice value for products being purchased by a User is greater than the gift card value, the User must pay the balance amount. We shall not be held liable for any unauthorised and/or fraudulent purchases made using a gift card. We presume that the person presenting the gift card is the actual and intended beneficiary of the gift voucher and shall not be required to verify whether the person presenting the gift card for redemption is the actual/intended beneficiary of the gift card. Without prejudice to aforesaid, in no event, the liability of the Company for any claims arising under a gift card shall exceed the value of the gift card. In order to use a gift card, you need to register yourself on the Website.
11.2 Resale of Gift Cards is strictly prohibited. Any unused gift card balance will remain associated with the redeemer's account. gift cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) without any prior information. By purchasing a gift card, you are certifying and representing to the Company that the activities in connection with which the gift cards will be used will comply with the terms of this Agreement and all applicable laws, rules and regulations, and that the gift cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or the Company. In addition, you agree to defend and indemnify the Company and its subsidiaries and affiliates against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the gift cards or violation of any of these Terms. Lost or stolen cards will not be replaced.
12. REVIEWS, COMMENTS AND FEEDBACK
12.1 The Company may invite or allow Users to provide the Company with reviews, comments, feedback or even suggestions either on the Website or via emails/messages or other channels of communication these comments, feedback or suggestions should not be contradictory to the terms of this Agreement or be in violation of any applicable laws. The Company reserves the right to delete or block any message/email which is in violation of the terms of this Agreement or applicable law. Further, the Company also reserves the right to suspend or deny Users access to the Website in such a scenario. Any messages/emails with feedback, comments or suggestions become the property of the Company and the User may not claim intellectual property protection on such ideas. This implies, the Company reserves the right to exploit exclusively the views/ideas provided by the User.
13. Cancellation, Exchange, Return and Refund Policy
Please refer to our Cancellation, Exchange, Return and Refund Policy available at https://www.indyverse.in/beta/return-policy.
14. THIRD-PARTY PRODUCTS AND SERVICES; OTHER USERS
14.1 Other Users and Third-Parties. We do not guarantee the identity of any User or other third parties or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. Your interactions with other Users or third parties are solely between you and such Users and third-parties. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions/ transactions. If there is a dispute between you and any User or third parties, we are under no obligation to become involved.
14.2 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Users or any Third- Party Products and Services).
15. OUR PROPRIETARY RIGHTS
15.1 This is an agreement for access to our products and/or services, and save and except as provided herein, you are not granted any right, title, interest or license to any software or other intellectual property rights under this Agreement. Our products and services are based upon our proprietary technology, intellectual property and confidential information and includes Our content. Our products and services are protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. Our products and services, including all intellectual property rights therein, belongs to us or our licensors and is our or our licensors' property. We own or are deemed to own and retain all rights including, without limitations, copyrights in our content. Our content shall not in any manner be copied, reproduced, modified, published, displayed, uploaded, posted, transmitted, performed, or distributed in any way by you, and you agree not to modify, rent, lease, time-share, loan, sell, distribute, transmit, broadcast, or create derivative works based on our content or our products and/or services, in whole or in part, by any means, except as expressly authorized in writing by us.
15.2 The search results derived by use of our products and/or services may contain data, information or content that is not ours, and you shall not use such data, information or content unless it has obtained permission from the owner of such content or are otherwise permitted by law.
15.3 Our names, logos, brands and other marks used by us from time to time are our trademarks and property. The appearance, layout, colour scheme, and design of our website, app, software, services and products are protected trade dress. Save and except as provided herein, you do not receive any right or license to use the foregoing.
15.4 We may use and incorporate into our products and/or services any suggestions or other feedback relating to our products and/or services provided by you, without any payment or condition.
15.5 We may add features to and/or modify any of our products and/or services from time to time, in order to improve our products and/or services and the user experience. Nothing in this Agreement shall prohibit us from making such changes to our products and/or services. We reserve the right to provide some or all elements of our products and/or services through use of third party resources.
16. REPRESENTATIONS, WARRANTIES AND COVENANTS
16.1 You represent, warrants and covenant that:
16.1.1 you have the power and authority to enter into this Agreement; 16.1.2 you , being a natural person, is at least 18 (eighteen) years of age;
16.1.2 you will only access and use our products and/or services in accordance with the terms of this Agreement; and
16.1.3 you will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances regarding its business, the creation, use and maintenance, as applicable, of our products and/or services, the user data and other data, including without limitation applicable data protection laws and export control laws, and otherwise as related to this Agreement and you performance hereunder.
16.2 Your access to our products and services is conditioned upon your representations and warranties that he/she/it will not:
16.2.1 Undertake or abet in any criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets or other intellectual property rights;
16.2.2 Use our products and/or services in violation of the terms of this Agreement or any laws;
16.2.3 Copy, modify, create a derivative work from, reverse engineer or reverse assemble our products and/or services and/or software thereto, or otherwise attempt to discover any source code/algorithm or allow any third party to do so;
16.2.4 Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, Our content or our products or services in any way;
16.2.5 Use or launch any automated system, including without limitation, "robots", "spiders", or "offline readers" that accesses our products and/or services in a manner that sends more request messages to our servers/systems in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web/mobile browser/applications;
16.2.6 Use our products and/or services in any manner that damages, disables, overburdens, or impairs any our servers, systems, website, or app or interferes with any other party's use and enjoyment of our products and/or services;
16.2.7 Attempt to gain unauthorized access to our products and/or services or our servers, systems, platform, website, or application;
16.2.8 Access our products and/or services by any means other than through the interface that is provided by us for using or accessing our products.
16.3 You agree that when using our products and/or services, you will not:
16.3.1 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, libelous, invasive of another's privacy, racially, religiously or ethnically objectionable indecent or unlawful topic, name, material or information.
16.3.2 Publish, post, upload, distribute or disseminate any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless User has all necessary rights and consents to do so.
16.3.3 Publish, promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
16.3.4 Sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, tobacco products and any other products or services that 16.3.4.1 you cannot legally sell,
16.3.4.1 are misrepresented, and/or
16.3.4.2 if sold by you, could cause us to violate any law, statute or regulation.
16.3.5 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
16.3.6 Upload file or content that contains viruses, or any other computer codes, worms, corrupted files, or any other similar software or programs that may damage or interrupt the operation of computer systems.
16.3.7 Harm minors in any way.
16.3.8 Impersonate any person or entity, or falsely state or otherwise misrepresent.
16.3.9 Advertise or offer to sell or buy any goods or services for any business purpose.
16.3.10 Upload content that includes phishing (identity theft), pharming, distribution of virus or malware, fast flux techniques, running botnet command and control, network attacks, money laundering schemes (ponzi, money mule, etc.).
16.3.11 Conduct or forward pyramid schemes or chain letters
16.3.12 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the material contained in a file that is uploaded.
16.3.13 Use our products and/or services in any manner that could damage, disable, overburden, or impair our products and/or services or servers or restrict or inhibit any other users from using and enjoying our products and/or services.
16.3.14 Violate any code of conduct or other guidelines which may be applicable for any of our products and/or services
16.3.15 Harvest or otherwise collect information about others, including e-mail addresses or contact details, without their consent.
16.3.16 Do anything which is in our sole discretion illegal, unlawful, or otherwise inappropriate. We reserve the right to immediately terminate your access to any or all of our products and/or services for violations of these provisions.
16.4 You agree and acknowledge that soliciting or receiving services from the outfitters independently is solely at your own risk, and in an such an event, you waive any rights that you may under these terms.
16.5 We reserve the right to prohibit the use of any of our products and/or services in connection with any specially designated nationals (SDNs) as listed by the governmental authorities or any country designated by authorities such as Office of Foreign Assets Control (OFAC) or such other authority as having limited or comprehensive trade sanctions imposed for reasons of anti-terrorism, non-proliferation, narcotics trafficking, or other reasons by the governmental authorities of countries in which we have operations or presence. Access to our products and services may not be legal by certain persons or in certain states or countries or jurisdictions and if you/the User use or access our products and/or services from outside India, you do so at your/its own risk and are responsible for compliance with the laws of India.
16.6 If you violate the guidelines listed above or any other guidelines posted on our products, services, applications or websites or the terms of this Agreement, or if we believe that any conduct or content of yours is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for us or third parties or breaches the terms of this Agreement, then we reserve the right (but are not obligated) to investigate and take appropriate legal action in our sole discretion, including removing such content/user from our products, services, applications or websites, notifying the appropriate authorities regarding the details of such content/user, barring violators from accessing our products, services, applications or websites, and terminating the accounts of such violators.
17. INDEMNIFICATION
You shall to the fullest extent indemnify and hold us and our business partners (and our officers, employees, assignees and agents) harmless, including costs and attorneys's fees, from any claim or demand made by any third party due to or arising out of
17.1 your use of the Services.
17.2 your violation of this Agreement.
17.3 your violation of applicable laws or regulations, or.
17.4 Third-party services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
18. TERM, SUSPENSION AND TERMINATION.
18.1 This Agreement shall remain in full force and effect while you use our products and/or services.
18.2 You may terminate your use or participation at any time, for any reason, by ceasing to use our products and/or services and notifying us. The termination as against you shall not be effective till the time you have complied with all your obligations pursuant to this Agreement.
18.3 We have the right to immediately terminate this Agreement or suspend your access to our products and/or services for any reason or no reason.
18.4 We reserve the right, from time to time, to suspend or discontinue any products and services, in whole or in part, with or without notice. You agree that we will not be liable to you or to any third party for any discontinuance or suspension of such products and services, in whole or in part.
18.5 If your use of our products and/or services:
18.5.1 is being subjected to "denial of service" attacks or other activity that is causing immediate, material and ongoing harm to us or others; or
18.5.2 is being used to engage in "denial of service" attacks, spamming, or illegal activity; or
18.5.3 is causing immediate, material and ongoing harm to us or others, then we may suspend all or any access to our products and/or services.
18.6 We are not and shall not be liable to you or to any third party for any suspension or termination of our products and/or services under this Agreement.
18.7 Immediately upon termination of this Agreement as provided herein, you shall cease all use of our services and products.
19. PUBLICITY
19.1 You hereby grant us the right to add your/its name and/or company logo, as applicable (collectively, "Name"), to our user list and web site, and to use such Names in our marketing and promotional activities. You will not use our name and/or logo publicly without our prior written consent.
19.2 You agree that hot keys, hyperlinks, logos, marks, information may be created / inserted / put on the user pages by us and no compensation of whatsoever nature shall be payable by us to you.
19.3 You hereby authorize us to send service related transactional SMS messages, even in the case that the your contact number is listed as DND with the concerned telecom regulatory authority.
20. MAINTENANCE OF THE WEBSITE
From time to time, we may take the decision to cease to publish our Services and remove the content from the Services from the Website so that it is no longer downloadable (we refer to the date that this occurs as the Maintenance"). We will always try to provide you a reasonable amount of notice of the anticipated Maintenance for the Website, whether this notice occurs as a pop-up on the Website or the Company's social media channels.
21. LIMITATION OF LIABLITY
To the fullest extent permitted by applicable laws, in no event shall the Company be liable for any damages resulting from any use of the following:
21.1 Errors, mistakes or inaccurate content;
21.2 Personal injury or property damage, of any nature whatsoever, resulting from access to and use of the Services of the Website;
21.3 Any unauthorized access to or use of our servers and /or any and all information stored therein;
21.4 Any interruption or cessation of transmission to or from our servers;
21.5 Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party;"
21.6 Any loss of data or content;
21.7 Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the Users utilizing of any content posted, transmitted or otherwise made available via the Website, whether based on warranty, contract, tort or aby other legal theory;
21.8 The disclosure of information pursuant to the terms or our Privacy Policy;
21.9 The User's failure to keep the password or account details secure and confidential;
In no event shall the Company incur any loss on behalf of the User or any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused under any theory of liability, including but not limited to any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
22. GENERAL
22.1 Dispute Resolution - To the maximum extent permitted by law, this Agreement shall be governed by the laws of India without reference to conflicts of law principles, and subject to the arbitration provision below, you hereby consent to the exclusive jurisdiction and venue of courts in Gurugram, Haryana (India) in all disputes arising out of or relating to the use of our products and/or services or relating to this Agreement. Any dispute under this Agreement shall be referred for resolution by arbitration by a sole arbitrator appointed by the Company. Such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 and rules and ordinances thereto, as amended from time to time and shall be held at Mumbai (India). You hereby consent to waive to claim personal jurisdiction and venue in the above-referenced courts and agree not to challenge or object to such jurisdiction.
22.2 Notices. Except as explicitly stated otherwise, any notices to the Company shall be given via postal mail to TIE Ethnic Online Private Limited and to Users at the email address provided by them to the Company during the registration process. Notice shall be deemed given 24 (twenty-four) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give notice to you by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
22.3 Severability. If any part or parts of this Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
22.4 Waiver. No waiver for a portion of this Agreement shall waive or affect any other portion of this Agreement. In the event there is a breach by the User of these Terms, and no action is taken by Us in its regard, we remain entitled to exercise our rights and remedies in that and any other situation where a breach occurs by the User. No waiver by the Company of any term or condition of this Agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of listed in this Agreement on any future occasion. Unless provided in specific writing and signed duly by a person authorized by the Company, we shall not be deemed to have waived any rights or remedies provided to Us by the law or the terms of this Agreement.
22.5 Survival of Agreement. This Agreement will survive the termination of your relationship with the Company.
22.6 Emergency Equitable Relief. Notwithstanding the foregoing, either Party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Agreement.
22.7 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Agreement.
22.8 Applicable Law. The laws of India excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and the Company.
22.9 Force Majeure. The Company is not responsible for damages caused by delay or failure to perform undertakings under this Agreement when the delay or failure is due to fires; strikes; floods; ; poor environment/weather conditions; obstruction of any public or private road/highway; power outages or failures; acts of God or the state's enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; pandemic, epidemic, computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against and are beyond our reasonable control(collectively, "Force Majeure"). In the event of Force Majeure, we are excused from any and all performance obligations and this Agreement shall be fully and conclusively at an end.
22.10 Electronic Communications. The communications between you and us use electronic means, whether you use the Services or send us emails, or whether we post notices on the Services or communicates with you via email. For contractual purposes, you
22.10.1 consent to receive communications from us in an electronic form; and
22.10.2 agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
22.11 Entire Agreement. This Agreement, together with the Company's Privacy Policy, constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the Company is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
22.12 Grievance Officer. In accordance with Information Technology Act 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011, in case of any grievance, objection or complaint on your part with respect to the website or application, other users or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the website or application, you should promptly raise such grievance or complaint with the below designated Grievance Officer:
Grievance Officer: Shubham Aggrawal
Address: Indyverse, 384 Sector 43, Near American School, Golf Course Road, Gurgaon, Haryana- 122002
Phone Number: 8800693039
Email: accounts@indyverse.in
Disclaimer
THE COMPANY'S WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS '' AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT INCLUDED ON THE WEBSITE. THE USER EXPRESSLY AGREES THAT THE USE OF THE PLATFORM IS AT USER'S SOLE RISK. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING THE WEBSITE AND THE SERVERS, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND TIMELINES PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, OR THE APPLICATION OR THE SERVICES. USER'S USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT THEIR OWN RISK, FOR WHICH THE COMPANY SHALL NOT BE LIABLE. IT SHALL BE USER'S OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY THE COMPANY MEET THEIR SPECIFIC REQUIREMENTS.
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