TERMS AND CONDITION
For Residents of Republic of India
Relationship between Parties
Upcycleluxe website, related apps & websites (the “Platform”), which is provided by Upcycleluxe LLP. (Collectively such entities are referred to as “Upcycleluxe”, “We”or “Us”).
The terms of service (the “Terms”) contained herein alongwith with applicable policies & disclaimers, govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and related websites, services, applications, products and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below)) may be subject to age restrictions and not available to all users of the Services. For purposes of these Terms, “you” and “your” means you as the user of the Services.
The Terms form a legally binding agreement between you and us. If you are under age 18 years, you may only use the Services with the consent of your parent or legal guardian subject to your Parent/ Legal Guardian having read these Terms of Service & having discussed the same with you.
Accepting the Terms
By downloading, accessing or using our Services, you confirm that you can form a binding contract with Upcycleluxe, that you accept these Terms and that you agree to comply with them & any amendments to the same in future shall be automatically binding & applicable.
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
Changes to the Terms
The Terms are amended from time to time. This may happen but is not limited to when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use reasonable efforts & means to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
You must register for our Services using accurate data including but not limited to your current mobile phone number & location and, in case of changes to the same in future you must update the same. You agree to receive text messages & phone calls (from us or our third-part providers) with codes to register for our services.
You provide us the phone numbers of Upcycleluxe users & your other contacts in your mobile phone address book on regular basis. You confirm that you are authorized to provide us such numbers to allow us to provide our services.
You agree to provide certain devices, software, and data connection to use our services, which we otherwise do not supply. Your usage of our services is consent to downloading & installing updates to our services, including automatically.
You are solely responsible for all carrier data plan & other fees & taxes associated with your use of our services. We may charge you for our services including applicable taxes. We may refuse or cancel orders. We do not provide refunds for our Services, except as required by Law.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
Upcycleluxe reserves the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, you may uninstall associated apps but you may not retrieve any of the content or information added by you.
Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
- access or use the Services if you are not fully able and legally competent to agree to these Terms or are not authorized to use the Services by your parent or legal guardian;
- make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
- distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
- market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
- use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
- interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
- Incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
- use automated scripts to collect information from or otherwise interact with the Services;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
- intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- use or attempt to use another’s account, service or system without authorisation from Upcycleluxe, or create a false identity on the Services;
- use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
- use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- use the Services to promote any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
- post or solicit any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., UIDAI numbers, passport numbers) or credit card numbers;
- post or publish on the Platform any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
- post or publish on the Platform any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
- post or publish on the Platform any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- post or publish on the Platform any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
- post or publish on the Platform any material that contains a threat of any kind, including threats of physical violence;
- post or publish on the Platform any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
- post or publish on the Platform any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
- Post or publish on the Platform material that, in the sole judgment of Upcycleluxe is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Upcycleluxe, the Services or its users to any harm or liability of any type.
We reserve the right, at any time and without prior notice, to remove or disable access to Service at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or otherwise harmful to the Services or our users.
We reserve the right to use automated systems to analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection.
Intellectual Property Rights
Upcycleluxe respects Intellectual Property Rights & expects users of its platform to do the same.
As between you and Upcycleluxe, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Upcycleluxe Content”), are either owned or licensed by Upcycleluxe, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the Upcycleluxe Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (defined below), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any content including but not limited to musical works, sound recordings or audio-visual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Upcycleluxe Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Upcycleluxe reserves all rights not expressly granted herein in the Services and the Upcycleluxe Content. You acknowledge and agree that Upcycleluxe may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO CONTENT INCLUDING BUT NOT LIMITED TO SOUND\VIDEO RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Upcycleluxe Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
Our Platform’s interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Users may also undertake chat/messaging with other users or share opinions & feedback as comments. To protect your safety, please use your best judgment when submitting information to our Service. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of our Service. Our Service reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
By placing material on, providing content to, or communicating with, our Service or platform, including for example by posting a comment to a Upcycleluxe forum, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity.
You hereby expressly grant Upcycleluxe, its affiliates and related entities, including our Service, a royalty-free, sublicensable (including to other users), perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any area of our Service, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Upcycleluxe to include the information you provide in a searchable format that may be accessed by users of our Platform. You also grant Upcycleluxe and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Upcycleluxe the right to use any material, information, ideas, concepts, knowhow or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note that Upcycleluxe does not accept unsolicited materials or ideas for use or publication. Upcycleluxe is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Upcycleluxe.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
Upcycleluxe takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Upcycleluxe’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
You agree to defend, indemnify, and hold harmless Upcycleluxe, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
You agree to defend, indemnify, and hold harmless Upcycleluxe, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of your use of a Service provided by a Third Party through our platforms.
You agree to defend, indemnify, and hold harmless Upcycleluxe, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, by you or any user of your account by way of booking a travel package or an event booked by you through our Platform where such package or event is provided either by Upcycleluxe or by a third party.
You agree to defend, indemnify, and hold harmless Upcycleluxe, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of your acting upon or undertaking any medical/non-medical activity, medical/non-medical advisory.
Exclusion of warranties
Nothing in these terms shall affect any statutory rights that you cannot contractually agree to alter or waive and are legally always entitled to as a consumer.
The services are provided “as is” and we make no warranty or representation to you with respect to them. In particular we do not represent or warrant to you that:
- your use of the services will meet your requirements;
- your use of the services will be uninterrupted, timely, secure or free from error;
- any information obtained by you as a result of your use of the services will be accurate or reliable; and
- defects in the operation or functionality of any software provided to you as part of the services will be corrected.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the services except to the extent that they are expressly set out in the terms. We may change, suspend, withdraw or restrict the availability of all or any part of our platform for business and operational reasons at any time without notice
Limitation of liability
Nothing in these terms shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law.
Subject to the paragraph above, we shall not be liable to you for:
- any loss of profit (whether incurred directly or indirectly);
- any loss of goodwill;
- any loss of opportunity;
- any loss of data suffered by you; or
- any indirect or consequential losses which may be incurred by you.
- any direct, indirect loss including liability for death or personal injury caused by negligence of a service vendor or his/her proxy where service was booked through our platform.
- Any loss or damage which may be incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any content/advisory, or as a result of any relationship or transaction between you and any entity whose content/advisory appears on the service;
- any reliance placed by you on the completeness, accuracy or existence of a service provided by a service vendor registered on our platform.
- any changes which we may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
- your failure to provide us with accurate account information; or
- your failure to keep your password or account details secure and confidential.
Please note that we only provide our platform for domestic and private use. You agree not to use our platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, loss of goodwill or business reputation, business interruption, or loss of business opportunity.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You are responsible for any mobile charges that may apply to your use of our service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the service.
To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the services, including, by way of example and not limitation, any carrier, service provider, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Entire Agreement. These Terms constitute the whole legal agreement between you and Upcycleluxe and govern your use of the Services and completely replace any prior agreements between you and Upcycleluxe in relation to the Services.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
ARBITRATION AND CLASS ACTION WAIVER.
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and Upcycleluxe, you will first contact Upcycleluxe and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
If the informal process fails to yield any result, then you agree that the dispute or difference which has arisen, as to the construction, meaning or effect of, or, as to any clause, matter or things contained herein, or as to the rights or liabilities of the parties under this Agreement, shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (Indian) to be adjudicated by a sole arbitrator to be appointed with mutual consent of the parties. Arbitration shall be held at Jaipur, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties. The Agreement shall be governed by and construed in accordance with the laws of India. The courts of Jhansi, India, shall have exclusive jurisdiction in connection with this Agreement.
You agree that the applicable laws of India govern the interpretation and enforcement of this provision, and that you and Upcycleluxe are each waiving the right to a trial by Court or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to:
Upcycleluxe LLP :, Jhansi()
Email Address: ().com
If you do not want to arbitrate disputes with Upcycleluxe and you are an individual, you may opt out of this arbitration agreement by sending an email to info@().com within thirty (30) days of the first of the date you access or use the Services.
Class Action Waiver. Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
Our Service is controlled, operated and administered by Upcycleluxe from its offices within India. Upcycleluxe makes no representation that materials or the Content available through our Service are appropriate or available for use outside India and access to them from territories where their contents are illegal is prohibited. You may not use our Service or export the Content in violation of Indian export laws and regulations. If you access our Service from a location outside India, you are responsible for compliance with all local laws.
You can reach us at info@().com or write us at Upcycleluxe LLP, ()Jhansi