These policies are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.
ACCESS TO THE WEBSITE / APP
The Website “Style Union” is owned by Nexon Omniverse Limited (hereinafter referred to as “the Company” / “Nexon”)having registered office at D-202, Synthofine Estate, Off Aarey Road, Behind Virvani Industrial Estate, Goregaon East, Mumbai 400063. Use of the Website by the user (“You”/ “User”) is subject to the terms and conditions contained herein.
You should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If You are under 18 years of age who is intending to avail the services of the Website should do so through your legal guardian in accordance with applicable law.
If You are using the Website on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the Website.
The Company reserves the right to refuse access to use the services offered at the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
Every User of the Website shall comply with all the applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, notifications issued there under the Exchange Control Manual issued by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, Export Import Policy of the Government of India and shall include any amendments, notifications and Rules thereof under the aforesaid enactments applicable for using the Website or buying/ selling any product or service through the Website.
You may be required to register and set up an account (“Account”) for using the Website by entering an email address and password or by using any permitted social media the Website account to sign in ("Account Information"). The Company as its sole discretion may ask for the verification of your Account Information provided by You and hence, it is advisable to provide a valid information e.g. like email address or mobile number etc. while creating an Account. The Website will set-up an account and email the details of the Account at the email address provided. You can also create and update an Account through Customer Support.
It is not compulsory for You to have an account on the Website to buy the products. You can shop by using a valid email address, mobile number and details while placing orders. You will be informed of the receipt of the order by email or SMS on the email address or the mobile number provided by You to The Company.
You can select any product of your choice from the product order page of the Website and add it to the shopping cart or wish list. Placing a product in the shopping cart or wish list does not reserve the price, quantity promotional offers or shipping charges shown at a particular time. To purchase any product in the shopping cart, You should provide the shipping address within India and make payment of the product price or choose payment on delivery as per the payment method for eligible products.
Once the Website receives a confirmation of your order and confirms your order, You will receive an email and SMS informing You of the order confirmation. The email will also provide You with details of your order including order ID, information on the products ordered, as well as the expected delivery time.
You understand that by ordering a product using the Website, You are entering into a binding contract with the Company to purchase the product using the facilities available on the Website.
You confirm that the products ordered by You are purchased for your internal or personal use and not for re-sale. You authorize The Company & Website to declare and provide declarations to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by You on the Website.
Pricing and Payment
The Website lists availability and pricing information of products on the product display pages of the Website.
All prices are inclusive of GST/Value Added Tax and Central Sales Tax unless stated otherwise. Products in your shopping cart will always reflect the most recent price displayed on the product display page. Placing a product in the shopping cart or wish list does not reserve the price shown at a particular time. It is possible that a product's price may decrease or increase between the time the product is placed in the shopping cart or wish list and the time You actually purchase it. Products that are marked as 'Out of Stock' are not available for purchase.
The price of products offered by the Website is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations will be mentioned on the products or on its packaging in accordance with applicable laws.
The Website shall, in relation to the services being provided by it in accordance with these Terms, process payments from the buyer of the products and manage the logistics in the manner it deems appropriate.
Returns and Cancellation
All products which are not delivered to You or returned by You in accordance with the Return Policy will be returned to our warehouse.
Return and cancellation of the products may be initiated in accordance with the Website’s policies. Please review the Returns Policy and Cancellation Policy as applicable to the products purchased by You. The Website may change the Returns Policy and Cancellation Policy without any notice.
You are responsible for payment of all fees, costs and charges associated with the purchase of products. You agree to bear any and all applicable taxes, Value Added Taxes, cesses, etc. levied on the products on their sale unless otherwise stated.
You will be required to provide a valid email address and phone number in order to avail the services provided by the Website, including and not limited to placing orders for buying the products. By registering your email address and phone number with the Website, You consent to be contacted by the Website via email, phone calls or SMS notifications for any order or shipment, delivery, payment or offer related updates or otherwise. The Website may notify or communicate with You by e-mail, SMS, phone or by posting notices on the Website or by any other mode of communication.
Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provision is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.
The various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.
If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
Notwithstanding anything contained in these Terms or elsewhere, The Company shall not be held responsible for any loss, damage to You if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event"means any event that is beyond The Company’s reasonable control and includes, without limitation, fire, flood, explosion, acts of
God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
Users of the Website may upload and display the images and information of their products offered for sale on the Website’s online platform. Such display of the User’s products or related information on the Website in no manner can be treated or construed as an endorsement or advertisement of such products by The Company.
You agree to use the Website and the materials provided on the Website only for purposes that are permitted by these Terms and any applicable law. You shall not use or access the Website in a manner that prejudicially affects the interests and goodwill of the Website, The Company or its affiliates or associates.
You agree and undertakes that the reviews, comments and other information provided or posted or uploaded on the Website are not false, incomplete, distorted, manipulated, fraudulent or misleading. By way of example, and not as a limitation, You agree and undertake that while using or accessing the Website, You will not host, display, upload, modify, transmit, update or share any information (“Objectionable Content”) that:
(i) belongs to another person and to which You do not have any right to;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically, objectionable or disparaging;
(iii) is relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
(iv) harms minors in any way;
(v) provides material that exploits people in a sexual or otherwise in an inappropriate manner or unlawfully threatening or harassing or incidences covered under Indecent Representation of Women (Prohibition) Act, 1986;
(vi) infringes any patent, trademark, copyright or other proprietary rights;
(vii) violates any law for the time being in force;
(viii) deceives or misleads the addressee about the origin of such messages or communicates any information, which is grossly offensive or menacing in nature,
(ix) impersonate another person;
(x) tries to gain unauthorized access or exceeds the access or illegally or unethically;
(xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(xii) 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 cognisable offence or prevents investigation of any offence or is insulting to any other nation; and
(xiii) may create any kind of liability for The Company or our affiliates.
You shall not use any deep-link, 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 its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or its content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
Sometimes You may not access (or attempt to access) any of the services by any means other than through the interface that is provided through the Website, unless User have been specifically allowed to do so in a separate agreement with The Company. You should not do anything that disables, overburdens, or impairs the proper functioning of the Website. Users should specifically agree that they will not engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services provided through the Website.
You undertake not to attempt to circumvent or modify any security technology or software that is part of the Website and agree not to engage or assist any other person, to circumvent or modify any security technology or software that is part of the Website or try not obscure or obstruct any features of the Website. You undertake not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Website or any part thereof without a specific written permission from The Company to do so.
The Website lists multiple products for sale and hosts comments of numerous users and it is not possible for The Company to be aware of each comment or review that is displayed. You acknowledge and agree that by accessing or using the Website or availing the services, User may be exposed to content that the User may consider offensive, indecent or otherwise objectionable.
You explicitly and expressly consent to receive communications from The Company in relation to your use and access of the Website and its services and agree that such communications shall not be treated as an unsolicited communication.
If Website is used by You from outside India, it is entirely at your risk. The Company makes no representation that its contents and other features are available or otherwise suitable for use outside India. If the Website is used and accessed from or in locations outside India, You shall ensure that the usage of the Website is legal and valid under applicable law of the User’s location. You agree to undertake all liabilities, responsibilities and consequences under applicable law in connection with the use of the Website from or in any location outside India. You acknowledge that for accessing the Website from any location outside India, The Company may ask You to enter into separate or additional terms as may be required from time to time.
To use the Website, You require Internet connectivity or appropriate telecommunication links and the Website’s service does not include the provision of any computer system, resource, terminal, server, equipment, mobile or any devices. The Company shall not have
any responsibility or liability for any computer system, resource, terminal, server, equipment, mobile or any devices necessary for User to use and access the Website nor shall be liable for any costs incurred on account of your usage of Internet or appropriate telecommunication links usage. The Company would not be liable for damages, viruses or other code that may affect the your computer system, resource, terminal, server, equipment, mobile or any other devices while using the Website and The Company does not warrant that the Website will be compatible with all hardware and software used by the User. You must comply with applicable third party terms, if any, such as mobile device agreement or wireless data service agreement etc. while using the Website.
USE OF CONTENT
You grant The Company and its affiliates and associates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights in any content that is posted by You or material submitted by You, to use, reproduce, publish, distribute and display such content throughout the world in any mode medium or manner now known or developed in future; and the right to use your name in connection with such content.
You agree that the rights granted as above are irrevocable during the entire period of protection of the User’s intellectual property rights associated with such content and material. The User agrees to waive the User’s right to be identified as the author of such content and materials and the User’s right to object to derogatory treatment of such content or material. The User agrees to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by the User to The Company.
THIRD PARTY WEBSITES
INTELLECTUAL PROPERTY RIGHTS
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Style Union - A Division of Ethnicity Ltd, its affiliates, associates or its content suppliers and is protected by Indian/ International copyright, authors' rights and database right laws. The compilation of all content on the Website is the exclusive property of The Company, its affiliates, associates or its content suppliers and is protected by laws of Indian/ International copyright and database right laws. All software used on this Website is the property of The Company, its affiliates, associates or its software suppliers and is protected by laws of India and international copyright authors rights and database laws.
The Company grants You a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Company. This licence does not include any resale or commercial use of the contents of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another seller.
The trademarks, logos and service marks displayed on the Website ("Marks") are the properties of The Company or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use the Marks without the prior consent of The Company, its affiliates, associates or its content suppliers or users or the third party that may own the Marks.
The Company owns all intellectual property rights to and into the trademark "The Company,” and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
You agree not to use or apply for registration of any marks, or domain names which are similar to the marks or domain names used in connection with the Website or owned by The Company.
You shall not use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with content or the intellectual property rights of the Website or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from The Company and on happening of any such event The Company reserves the right to immediately discontinue the Website services to such User without prejudice The Company’s right to initiate legal action in this regard. You are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the Website to illegally and unlawfully exploit the content or intellectual property rights owned by The Company or content suppliers or third party as the case is.
Trademark Infringement Complaints
The Company fully respects Intellectual Property (IP) Rights of the IP owners. In case You feel that your Trademark has been infringed, You may write us at firstname.lastname@example.org with the subject line as “Trademark Infringement Complaint” with complete details viz. your name and contact address, particulars of your IP and products listed on Website allegedly infringing your IP,
Users can use and access the Website free of charge. However, at any time in future, after duly notifying in advance, The Company reserves its right to charge the users for the use of the Website and provisioning of the services through the Website as per applicable Indian law.
If You believes that any Objectionable Content is hosted on the Website or your rights are being infringed, users shall immediately inform the Grievance Officer by following the Website’s Notice Procedure mentioned below. The Website will endeavour to remove such content as soon as possible after investigation.
No untrue or false information or allegation shall be made by You and if found misusing the notifying procedure, The Company reserves the right to terminate your account and reserves the right to initiate appropriate legal action in this regard.
Upon receipt of a notice, The Company will take appropriate steps for removing the infringing or Objectionable Content all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. The Company shall also endeavour to forward a copy of the notice to the alleged infringer or defaulter. Furthermore, in submitting a notice, the User grants to The Company the right to use, reproduce, publish, and display its content throughout the world in any mode medium or manner now known or developed in future. This includes forwarding the notice to the parties involved in the provision of the allegedly infringing content. If found defaulting You, agree to indemnify The Company for all claims brought by a third party against The Company arising out of or in connection with the submission of a notice.
It is repeated and reiterated that The Company’s role and responsibility is completed on taking down the infringing or Objectionable Content as alleged in the notice and The Company shall in no manner be liable for or in relation to the infringing or Objectionable Content. The Company shall in no manner be involved in trying, contesting, mediating, negotiating or conciliating the dispute or differences between the person who notifies the objections and the User against whom the objections are raised.
The Website could also be linked to third party websites and The Company assumes no responsibility for results obtained from the use of these websites.
The Company makes no assurances that the Website is bug free and User friendly or the safety of the use of the Website. The Company including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by You on account of virus attacks or bugs or other software or programmes that may be present or embedded while using or accessing the Website.
The Company does not guarantee that the services provided through the Website will function without interruption or errors. The operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. Website disclaims all liability for losses or damages caused by any such interruption or errors in functioning. The Company also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the Website due to inappropriate equipment, disturbances related to internet services, down time or otherwise.
To the maximum extent permitted by applicable law, The Company will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
When the User deletes any kind of information the User must understand that the removed content may continue in backup copies.
The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of the Account or any service or materials, either with or without your knowledge. The Company shall not be liable for any third-party product, the advertisement available on e-mail or Website with respect to the third-party website or the products and services are for information purpose only.
LIMITATION OF LIABILITY
In no event The Company including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the Website whether based on warranty, contract, tort (including negligence) or in any other means or action.
Without prejudice, it is agreed by You that The Company including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be held cumulatively liable for any damages or claims more than INR 1,000/- (Rupees One Thousand) subject to applicable law in respect of all matters and You acknowledge that this is reasonable assessment of risk and liabilities.
The Company will terminate the services provided to any User if it is required under any applicable law. Without prejudice, The Company reserves its right to terminate the services if such provision of services to the users is not economically viable for The Company. Users may choose to discontinue availing services and facilities provided through the Website by closing the User account with the Website.
On termination of the User account, the User is not eligible to purchase products through the Website. Once the User’s account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the User shall be removed by The Company.
Location Based Services : With your location permission, our Website/website use information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine your approximate location to provide you location based Services. We won't follow you all the time, but can help you find the nearest store with Brand News, offers and/or other information based on your profile/liking when you need one.
Severability: Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.
Captions: Various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.
Partial Invalidity: If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (iv) in lieu of such illegal, invalid, or unenforceable provision, there will be added by The Company a legal, valid, and enforceable provision to the extent possible.
Notices: For purposes of service messages and notices about the services to User, the Website may place a banner notice across its pages to alert the User to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from the Website to the User. The User agrees that the Website may communicate with User through the User’s account or through other means including email or mobile. Users are required to update their settings regularly to ensure that the Website’s service messages and notices are received by the users timely and accurately.
The Company including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the Website’s service messages and notices.
GOVERNING LAW AND JURISDICTION
The terms and conditions of this agreement shall be governed by Indian law and the courts in Mumbai shall only have exclusive jurisdiction to resolve any disputes.