The Agreement, inter alia, provides the terms that govern your access to use (i) STTAVOSS’s website www.sttavoss.in, and its mobile and tablet applications (“Platforms”), (ii) STTAVOSS’s online lifestyle and fashion merchandise (“Products”) through the Platforms, and (iii) the purchase of Products, and any other service that may be provided by STTAVOSS from time to time (collectively referred to as the “Services”).
You hereby understand and agree that the Agreement forms a binding contract between STTAVOSS and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in the Agreement.
- USER TERMS AND CONDITIONS:
- Users must be 18 years of age or older to register, or visit or use the Services in any manner.
- The Agreement is governed by the provisions of Indian law, including, but not limited to:
- Indian Contract Act, 1872;
- Information Technology Act, 2000;
- Rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”) and;
- Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).
- The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the
Platforms or any of the other Services are the property of STTAVOSS, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be (“STTAVOSS Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the STTAVOSS Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the STTAVOSS Content in any way for any public or commercial purpose or for personal gain.
- STTAVOSS authorises you to view and access the STTAVOSS Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. STTAVOSS, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the STTAVOSS Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of STTAVOSS Content, without written agreement and permission of Sttavoss.
- Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, STTAVOSS’s acceptance of the User’s offer and the User’s continued adherence to the terms of the Agreement.
- STTAVOSS provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, STTAVOSS disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.
- For the purposes of identifying a User, STTAVOSS may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one- time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.
- User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User.
- You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if STTAVOSS has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, STTAVOSS reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.
- You understand that on their registration as a User or on your purchase of Products on the Platforms, you may receive text messages (including through internet-based mobile messaging) and/or emails from STTAVOSS on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, STTAVOSS’s acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by STTAVOSS (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from STTAVOSS that the Product will be delivered. STTAVOSS’s acceptance to your offer to purchase shall occur and conclude only when the Products have been despatched by STTAVOSS and a text message and/or email confirming such despatch has been sent to you. STTAVOSS, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch.
- Any communication from STTAVOSS shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, STTAVOSS may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While STTAVOSS shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, STTAVOSS shall not be held liable for any failure to send such notifications or reminders to you.
- STTAVOSS may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Agreement in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Agreement from time to time. Such changes shall be made applicable when they are posted. STTAVOSS may also alter or remove any content from the Platforms without notice.
- While STTAVOSS shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, STTAVOSS shall not be liable for any interruption that may be caused to your access or use of the Services.
- Access to and registration on the Platforms is free of cost. Although unlikely, STTAVOSS may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by STTAVOSS without serving prior notice on the Users.
- The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing.
The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.
- USER CONDUCT AND RULES ON THE PLATFORM:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any
o belongs to another person and to which You do not have any right to
o is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of anothering money laundering or gambling, or
otherwise unlawful in any manner whatever
o is misleading in any way
o involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing
o promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libellous
o 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
o contains restricted or password-only access pages, or hidden pages or images (those
not linked to or from another accessible page)provides instructional information about illegal activities such as making or buying
illegal weapons, violating someone’s privacy, or providing or creating computer
o contains video, photographs, or images of another person (with a minor or an adult).
o tries to gain unauthorized access or exceeds the scope of authorized access to the
Platform or to profiles, blogs, communities, account information, bulletins, friend
request, or other areas of the Platform or solicits passwords or personal identifying
information for commercial or unlawful purposes from other users
o interferes with another USER’s use and enjoyment of the Platform or any other
individual’s User and enjoyment of similar services
o 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
o violates any law for the time being in force
o 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
o shall not be false, inaccurate or misleading
o 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
- A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
o Users doesn’t reply to the payment verification mail sent by Sttavoss
o Users fails to produce adequate documents during the payment details verification
o Misuse of another User’s phone/email
o Users uses invalid address, email and phone no.
o Overuse of a voucher code
o Use of a special voucher not tagged to the email ID used.
o Users returns the wrong product
o Users refuses to pay for an order
o Users involved in the snatch and run of any order
o Miscellaneous activities conducted with the sole intention to cause loss to
business/revenue to Sttavoss
o User with a very high return rate
o Repeated request for monetary compensation for fake/used order
- Sttavoss may cancel any order that classify as “Bulk Orders”/”Fraud orders” under certain
criteria at any stage of the product delivery. An order can be classified as “Bulk Order”/”Fraud Order” if it meets with the below mentioned criteria, and any additional criteria as defined by Sttavoss:
o Products ordered are not for self-consumption but for commercial resale without
written consent of Sttavoss.
o Multiple orders placed for same product at the same address, depending on the
o Bulk quantity of the same product ordered
o Invalid address given in order details
o Any malpractice used to place the order
o Any promotional voucher used for placing the & “Bulk Order” may not be refunded
o Any order paced using a technological glitch/loophole.
- You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Sttavoss.
- You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Sttavoss by sharing multiple address and phone numbers or transacting with malafide intentions.
- We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Sttavoss on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
- 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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
- 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 InformationTechnology 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.
- From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
- You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
- The Content posted does not necessarily reflect Sttavoss views. In no event shall Sttavoss assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
- Sttavoss hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Sttavoss Return & Exchange Policy offers you the option to return or exchange items purchased on Sttavoss within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post delivery). In case of return of the purchased item, please refer to the “Return Policy” on our Sttavoss.
- USER ACCOUNT, PASSWORD, AND SECURITY:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
- DISCLAIMER OF WARRANTIES AND LIABILITY:
All the materials and products and services, included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Sttavoss does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
You hereby agree to indemnify and hold harmless STTAVOSS , its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with STTAVOSS, (iv) action or inaction on behalf of STTAVOSS ’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. STTAVOSS shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide STTAVOSS with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
- TRADEMARK, COPYRIGHT AND RESTRICTION:
Platform is controlled and operated by Sttavoss/Super Fashion India. All material on Platform, are images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Sttavoss is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so.
- LIMITATION OF LIABILITY:
In no event shall Sttavoss be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services or Products
- unauthorized access to or alteration of the user's transmissions or data
- any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Sttavoss shall not be held responsible for non-availability of Sttavoss during periodic maintenance operations or any unplanned suspension of access to the Sttavoss. The User understands and agrees that any material and/or data downloaded at Sttavoss is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Sttavoss’s liability shall be limited to an amount equal to the Products purchased value bought by You. Sttavoss shall not be liable for any dispute or disagreement between Users
Sttavoss may suspend or terminate your use of the Sttavoss or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Sttavoss chooses to terminate them.
- If You or Sttavoss terminates your use of the Platform or any Service, Sttavoss may delete any content or other materials relating to your use of the Service and Sttavoss will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Sttavoss for purposes of tax or regulatory compliance.
- If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Sttavoss by sharing multiple address and phone numbers or transacting with malafide intentions then Sttavoss reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
- JURISDICTIONAL ISSUES/SALE IN INDIA ONLY:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India.
You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. STTAVOSS shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy.
- GOVERNING LAW:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at New Delhi. The place of jurisdiction shall be exclusively at New Delhi.
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgement or complete transmission to the following address:
Postal Address: 12/4, Mathura Rd, Near Sarai Khawaja Village, Sector 37, Faridabad, Haryana 121003, India