TERMS AND CONDITIONS OF USE
The website www.shopatimpressions.com (“Website”) is owned and operated by K&A Apparels Innovations LLP,a limited liability partnership incorporated under the Limited Liability Act, 2008 (as amended from time to time) having its registered office at [DGL-10 B, the Galleria Mall, Plot No-01B, DDA District Centre, Mayur Vihar Phase-1 New Delhi], hereinafter referred to as “LLP” which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns. All references to the Website in these terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
The User by accessing the Website agrees to the terms and conditions set out herein. The terms and conditions are subject to modification from time to time. Any changes made after the User has placed an order will not affect that order unless the LLP is required to make such changes under the applicable law.
By accessing or using the Website, whether automated or otherwise, you, a registered or guest User in terms of the eligibility criteria set out herein you (“User”)agree to be bound by these terms and conditions (“Terms”).
K&A Apparels Innovations LLP and any other seller as approved by the LLP (“Seller”) procures finished goods and apparels from OCM Private Limited (“Manufacturer”) and then lists the goods on the Website.
In these Terms, references to “you”, “User” shall mean the end user/customer accessing the Website, its contents and using the services offered through the Website and references to the “Website”, “we”, “us” and “our” shall mean the Website and/or K&A Apparels Innovations LLP, its affiliates and partners (as applicable).
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
Further, the terms and conditions for any product, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Website from time to time, shall be subject to the terms and conditions of the Seller.
We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
ELIGIBILITY TO USE
Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.
Any minor desirous to use or transact on the Website, is required to conduct such transaction through their legal guardian or parents.
The Website reserves the right to terminate any membership and/or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of eighteen (18) years.
By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. eighteen (18) years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
ACCOUNT, PASSWORD, AND SECURITY
Any person may access the Website either by registering on the Website or using the Website as a guest. However, a guest User may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
If you wish to register yourself with the Website, you shall be required to create an account by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Website cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 3.2 or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular, periodic and/or unforeseen maintenance. However, under no circumstances will the Website be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against the Website in this regard.
Registration on the Website is free of charge for Users. We do not charge any fee for browsing, viewing the products featured on the Website. We reserve the right to change the fee policy from time to time. In particular, we may in our sole discretion introduce new products, related services and modify some or all of the existing services offered on the Website. In such an event, we reserve the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.
Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees if and when chargeable shall be quoted in Indian rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us through modes of payment.
All content included on the Website, such as articles, blogs, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (“Content”), is the property of the Seller, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all Content on the Website is the exclusive property of the Seller and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Website is the property of the Seller, its affiliates or its software suppliers and is protected by Indian and international copyright and author’ rights laws.
Save for the limited right to access and use the services in accordance with the Terms on a non-exclusive, revocable and non-transferable basis, in the territory selected at the time of registration, there are no other rights being granted to you in the services or any of the contents and functionalities.
To the extent required, you grant the Website a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any content, posts, emails, uploads, materials, trademarks, trade names and any of your intellectual property which you have provided to the Seller or the Websites. Any content uploaded by you may be displayed and reproduced by the Website in any manner it deems fit.
Except as expressly provided in these Terms, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without the Seller’s express prior written consent.
You may use information on the products and services purposely made available on the Website for downloading, provided that you (a) do not remove any proprietary notice language in all copies of such documents, (b) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (c) make no modifications to any such information, and (d) do not make any additional representations or warranties relating to such documents.
USE OF CONTENT
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles mentioned herein.
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
Belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Is misleading in any way;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Contains restricted or password-only access pages, or hidden pages or images;
Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
Contains video, photographs, or images of another person;
tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
Interferes with another User’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.
Harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
Violates any law for the time being in force;
Deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
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.
Shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
You shall not attempt 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.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, 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 any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Manufacturer or Seller on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
The Website shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
We reserve the right to deprive individual Users of our cash on delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that Users conduct violates applicable laws or is harmful to our interests.
INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
All IPR on the Website exclusively belong to either the Seller or the Manufacturer, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Seller or the Manufacturer during or pursuant to its use of the Website for any purposes whatsoever.
All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of K&A Apparels Innovations LLP and/or its affiliates as the owner of such domain name.
The Parties hereto agree and confirm that no part of any IPR mentioned hereinabove is transferred in the name of User and any IPRs arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
Every User hereby grants the Website a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. The Seller shall have no liability for any infringement of IPR with respect to such content created by the User.
Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any IPR through any medium without obtaining the necessary authorization from the Seller or the thirty-party owner of such IPR.
The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with :
The User’s breach of these Terms; or
Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or
Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or
Violation of any rights of any third party by the User, including any IPR.
Upon occurrence of an Indemnity Event, the Seller may notify the User of any claims which the User shall be liable to indemnify the Seller against. The User shall then be obligated to consult with the Seller regarding the course of action to be undertaken in defending such a claim.
The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Seller without the express prior written consent of the Seller which can be withheld or denied or conditioned by the Seller in its sole discretion.
Notwithstanding anything to contrary, the Seller’s entire and aggregate liability to the User under and in relation to these Terms shall not exceed the greater of Indian Rupees One Hundred (INR 100).
Notwithstanding anything to contrary, in no event shall the Seller, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Seller 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 tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website or the Product.
REPORT ABUSE AND TAKE DOWN POLICY
In the event the Website or any User becomes aware of any objectionable content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms then, the Website, by itself or upon receipt of a communication from any of its Users, without any prior notice take down such objectionable content from the Website.
For any reporting in respect of the aforesaid, the User should contact the Website at firstname.lastname@example.org
FEEDBACK AND INFORMATION
User feedbacks or information pertaining to products offered on the Website or any information pertaining to the Website shall be deemed to be non-confidential in nature.
The Seller reserves the right, at its sole discretion to use such information for upgrading/enhancing the Website and such use shall be entirely unrestricted.
The Seller may at its discretion, also make any modifications or changes to the Website and its content and / or products on the basis of such feedback or information.
In the event that the Seller makes any changes or modifications to the Website or Products on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website or Products listed therein.
By submitting any feedback or any information, the User hereby warrants that the feedback does not contain confidential or proprietary information belonging to the User or any other person and shall not entitled to any compensation or reimbursement of any kind from the Seller for the feedback under any circumstances.
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any disputes arising out of or in connection with the Terms herein.
In the event, any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than fifteen (15) calendar days, gives a notice to this effect, to the other party in writing.
In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Seller. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in New Delhi. The language of arbitration shall be English.
Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Seller shall under no circumstance be held liable for use or availability of products for use in locations/countries other than India.
USER PROTECTION PROGRAM
The Website’s User protection program provides for resolution of disputes between the User and Seller to successfully resolve a dispute regarding refund or replacement or non-delivery of a product.
In such an eventuality, the User can write to at [email@example.com] if the issue with the Seller remains unresolved.
Notice.All notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to the Website’s grievance officer by e-mail [firstname.lastname@example.org].
Assignment.These Terms shall not be assigned or otherwise transferred by the User. However, the Seller’s obligations under these Terms are freely assignable or otherwise transferable by the Seller to any third parties without the requirement of seeking the Users prior consent.
Severability.If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.
Waiver.Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship and Exclusivity.Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
Force Majeure. If performance of any service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.