BY REGISTERING ON THE SITE AND/OR USING OUR SERVICES, INCLUDING ACCESSING OR INSTALLING THIS AGREEMENT (THE "AGREEMENT"), YOU ARE AGREEING THAT AT LEAST 18 YEARS OLD WITH LEGAL CAPACITY TO DO SO IN EACH RESPECTIVE JURISDICTION WHERE SUCH ACTION OCCURS; HAVE READ THROUGH ALL TERMS SET FORTH WITHIN IT BEFORE PROCEEDING.
YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES (WHERE APPLICABLE) TO THIS AGREEMENT, IN WHICH CASES THE TERMS “YOU” OR "YOUR" SHALL REFER TO SUCH LEGAL ENTITY.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS UNDER THIS AGREEMENT, YOU AGREE NOT TO ACCESS THE SITE OR USE THE SERVICES.
THIS AGREEMENT CONSTITUTES THE COMPLETE UNDERSTANDING BETWEEN YOU, OR THE ENTITY ON WHOSE BEHALF YOU ARE AUTHORIZED TO ACCESS / USE THE SITE AND THE SERVICES ("HEREINAFTER REFERRED TO AS “YOU”, “YOUR” OR “USER” WHICH EXPRESSION SHALL UNLESS REPUGNANT TO THE MEANING OR CONTEXT THEREOF BE DEEMED TO INCLUDE YOUR AFFILIATES, HEIRS, SUCCESSORS AND ASSIGNS"), AND RELIABLE E SOLUTIONS PRIVATE LIMITED(HEREINAFTER REFERRED TO AS “COMPANY” WHICH EXPRESSION SHALL UNLESS REPUGNANT TO THE MEANING OR CONTEXT THEREOF BE DEEMED TO INCLUDE THEIR SUCCESSORS AND ASSIGNS), WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THE AGREEMENT.
1.1. "Affiliate" with respect to any entity means any other entity which directly or indirectly controls, is controlled by, or is under common control with such entity.
1.2. "Site" shall mean the Innstyletshirts website (www. innstyletshirts.com) developed by the Company and accessed by You in pursuance of this Agreement.
1.3. "Communication” shall mean any communications from Company, such as Service announcements, administrative messages, SMS, newsletters and other promotional materials.
1.4. "Confidential Information" shall include without limitation: (a) trade secrets, and (b) proprietary and confidential information, ideas, samples, media, techniques, drawings, works of authorship, models, inventions, know-how, processes , algorithms, and software object and source code.
related to the past, current and future products and services of each of the parties, including information concerning research, development, design specifications, engineering, financial matters, customers, investors, employees, business relationships, business plans, forecasts, sales and marketing plans, marketing materials and strategies; passwords and access codes; Intellectual Property of the Company and any other information regarding the foregoing that is disclosed to the User.
Confidential Information shall not include any information that (i) has become part of the public domain through no fault or breach of the User; or (ii) is already known to the User otherwise than through a breach of the confidentiality provisions of any agreements between the Parties.
1.5. "Effective Date" shallmean the date on which the terms and conditions of this Agreement are accepted by the User by registering or using the Services / Site, whichever is earlier.
1.6. "Intellectual Property” or “Intellectual Property Rights” means and include (i) all rights, title, and interest under any statute or under common law including patent rights, copyrights including moral rights, and any similar rights in respect of any intellectual property or other development, anywhere in the world, whether registrable or not; (ii) any licenses, permissions and grants in connection therewith; (iii) applications for any of the foregoing and the right to apply for them in any part of the world; (iv) right to obtain and hold appropriate registrations in under applicable intellectual property laws and, (v) all extensions and renewals thereof (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.
1.7. “Party” or “Parties” shall mean and include the Company, the Designer and / or the Customer as may be relevant to the context.
1.9. “Services” shall mean the services provided by the Company to the Users as described in clause 4.1.1.
1.10. “Selected Design” shall mean the Design selected by the Customer for the purpose of purchase in accordance with the Design Purchase Agreement.
1.11. “Site” shall mean https://innstyletshirts.com/
1.12. “Third Party Systems”means hardware, software, applications and other materials owned by third parties which may be integrated with the Site.
1.13. “Third Party Systems Owners”shall mean the owners or licensors of the Third Party Systems.
1.14. “User” shall mean Designer and / or Customer as may be relevant to the context.
2.1. Each User is required to register on the Site for the purpose of accessing and using the Site and the Services (“Signup/Register/Registration”) and create a user account for the use of the Site (“User Account”) in the following manner.
2.1.2. Customer Registration: The User may choose to register as a ‘Customer’, in accordance with any of the options provided on the subscription page of the Site. The User may be provided with a range of subscription options, and prices, for Registration, as listed on the subscription page of the Site.
2.2. Upon Registration, each User may log into the user account on the Site, using a user name and password chosen by the User at the time of Registration (“Registration Details”).
2.3. The User agrees and acknowledges that the User shall be solely responsible for keeping secure the Registration Details required to access the Site. The User acknowledges and agrees that for the purpose of this Agreement, all actions performed by any person using the Registration Details shall be deemed to have been committed by the User and the User will be liable for the same.
2.4. The Company reserves the right to terminate this Agreement at any time if it is found that the User has been sharing the Registration Details, or providing access to the Site, to any unauthorized user or has been using the password, the Site for any illegal or unauthorized purpose.
2.5. The Company reserves the right to refuse to permit any person to register as a User, refuse to permit any person to access the Site, terminate user accounts, and remove or edit content in its sole discretion.
3. PROVISION OF SERVICE AND COMMUNICATIONS
3.1. Provision of the Service
3.1.1. The Company shall in its discretion
(i) provide Users with access to the Site;
(ii) permit and provide a platform for customers to submit their Designs on the Site, how they want to customize the product.
(iii) provide any other services as provided on the Site.
3.1.2. Users are totally responsible and liable for the access and use of the Services and the Site.
3.2.1. Users acknowledge and agree that Company may send various Communications (directly or indirectly through third parties) to the Users as part of the Service.
3.2.2. The User’s acceptance of this Agreement deems acceptance and agreement to receive Communications from Company (directly or through their vendors).
4.2. The Design Purchase Agreement, which will govern the terms of the sale of the Design between the Designer and the Customer, is available at (“Design Purchase Agreement”). By submitting a Design, or choosing a Selected Design the Designer and the Customer agree and acknowledge that they has read the Design Purchase Agreement and agree to its terms.
5. THIRD PARTY LINKS
5.1. The Company may provide/include links and hyperlinks of third party websites for the purpose of advertisements either physically or through electronic means during the use of the App and Services. The listing of such third party external site does not imply endorsement of such site by the Company.
6. PROPRIETARY RIGHTS
6.1.1. All content on the Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, are either the proprietary content of the Company, or are the proprietary property of the Company’s affiliates or licensors. All rights to such content are reserved.
6.1.2. All Third Party Systems are the sole and exclusive property of the Third Party Owners or their licensors.
7.1. The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of the Company and/or its licensors or Affiliates. All rights to such Trademarks are reserved.
8. User Rights
8.1. The Users are not purchasing any title to the Site or Services, but are only being granted a limited right to access and use the Site and/or the Services in accordance with the terms of this Agreement.
8.2. Nothing in this Agreement shall be construed as transferring or assigning to the User any title to the Site and its contents or any Intellectual Property therein and all rights not granted to the User are herein reserved by and for Company.
9.1 The Users acknowledge that during this Agreement, they may have access to Confidential Information of the Company. The Users shall forever hold the Confidential Information in confidence and shall not publish, disclose or disseminate, display or otherwise make available to others any portion of Confidential Information of the Company that the User may come in possession of without the Company’s prior written consent.
9.2 The Users acknowledge that the Confidential Information is of considerable commercial and proprietary value to the Company and that the disclosure of any aspect of the Confidential Information will immediately give rise to continuing irreparable injury to the Company, which is inadequately compensable in damages at law, and the Company is entitled to obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing confidentiality undertakings, in addition to any other legal remedies which may be available. In addition, the Company may immediately terminate this Agreement, including all license rights granted herein, in the event the User breaches any confidentiality obligations herein.
9.3 Notwithstanding the aforesaid provisions, the Users may disclose Confidential Information where ordered to do so, by any government, judicial or quasi-judicial authority; provided however, that the User shall in such a case give Company a reasonable notice of any prospective disclosure and shall assist the Company in obtaining an exemption or protective order preventing such disclosure
10.1 Company disclaims any warranty, express or implied, that the Site and / or Services is secure or immune from: (i) interruption (ii) access, intrusion, corruption, modification or manipulation by an unauthorised third party; or, (iii) disabling code or computer viruses; or, (iv) program errors resulting from any of the causes specified in (i) and (ii) above (collectively, “Service Breaches”). The Company shall have no liability whatsoever, in the event of occurrence of any such Service Breaches, whether due to actions undertaken by any third parties or otherwise.
10.2 You agree and acknowledge that the Company shall have no liability or obligation towards You in the event the processing or payment of any refund claimed under this Agreement is not possible. 10.3 YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES, AND/OR THE SITEACCESSED BY YOU OR ANY THIRD PARTY AUTHORISED BY YOU TO USE THE SITE UNDER THIS AGREEMENT ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. FURTHER, THERE ARE NO IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RELATION TO THE SERVICES AND/OR THE SITE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT (i) THE SERVICESAND/OR THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICESAND/OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SITEWILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE BACK-UP OF YOUR INFORMATION UNDERTAKEN BY THE SITE WILL BE MAINTAINED OR STORED; (v) THE SERVERS USED WILL BE UNINTERRUPTED, TIMELY, SECURE ERROR-FREE OR SHALL MEET YOUR REQUIREMENTS; AND (vi) ANY ERRORS OR DEFECTS IN THE SITE AND/OR THE SERVICES WILL BE CORRECTED/RECTIFIED. (vi) YOU AGREE THAT YOUR RELIANCE AND/OR USE OF ANY NEWS, INFORMATION AND SUGGESTION SHALL BE AT YOUR OWN RISK
10.4 COMPANY DOES NOT CONTROL OR ENDORSE ANY THIRD PARTY SOFTWARE OR APPLICATIONS AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO SUCH THIRD PARTY SOFTWARE OR APPLICATIONS OR THIRD PARTY SYSTEMS AND ANY ACTIONS RESULTING FROM THEIR USE. THE USE OF OR THE DOWNLOADING OR OTHER USE OF SUCH APPLICATIONS OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM (INCLUDING MOBILE, IPADS, TABLETS AND ANY OTHER DEVICE BY WHICH YOU ACCESS APPLICATION AND OR THE DATA), LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER IN CONNECTION WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR VIA COMPANY’S WEBSITE, SERVICES, DOCUMENTATION, DATA, OR APPLICATIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10.5 THE COMPANY AND/OR ITS AFFILIATES ARE NOT RESPONSIBLE FOR YOUR USE OF THE SITE AND/OR SERVICES OR THE RESULTS THEREOF.
11. LIMITATION OF LIABILITY
11.1. COMPANY AND / OR ITS AFFILIATES SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE IN RELATION TO ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, THE SITE AND / OR ANY DESIGNS BY YOU OR ANY OTHER USER OR ANY THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY ‘S AGGREGATE LIABILITY FOR ALL CLAIMS / DAMAGES ARISING UNDER OR ACCRUING FROM THIS AGREEMENT, EXCEED THE AMOUNT OF ONE THOUSAND INDIAN RUPEES.
12. TERM AND TERMINATION
With respect to each User, this Agreement shall commence on the Effective Date and shall be valid unless terminated in accordance with the terms mentioned under this Agreement.
12.2.1. The Company has the right to terminate this Agreement with respect to a User and the User Account immediately in the event the User fail to comply with any provisions / terms of this Agreement;
12.2.2. The Company has the right to terminate this Agreement and the User Account at any time, without cause, upon providing one (1) days prior notice to the User.
12.3. Effect of Termination
12.3.1. The termination of this Agreement shall automatically, and without further action by Company, terminate and extinguish the rights granted to the User under this Agreement.
12.3.2. In the event of termination, the User’s access to and use of the App and the Services shall cease immediately.
12.3.3. In the event of termination, the Company shall have the right to retain a copy of any Designs or other data provided by the User during the term of the Agreement and use such Designs or other data for the purposes of the business of the Company.
12.3.4. In the event of termination of the Agreement with respect to a Customer:
(i) The Customer shall make payments of all amounts due to the Company and / or a Designer in relation to any Designs purchased whether by way of a Contest held by the Customer, or on the Design Shop.
(ii) The Company, subject to applicable laws and after retaining the Company Commission, may return to the Customer any unused amounts, paid by the Customer in relation to a Contest that was proposed to be created, but not created as of the time of Termination.