Terms & Conditions
USER TERMS & CONDITIONS
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under in force, and the provisions pertaining to electronic records in various applicable statues as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These user terms and conditions (“User T&C”) of the Website between M/s. Intro Lifestyle Products Private Limited (the “Company” or “Intro” or “We”) and the persons accessing or using our Website as a registered user or a visitor (“You” or “Your” or “Yourself” or “User”).
Please read the User T&C before using or accessing the Website. By visiting the Website, You agree that these User T&C shall be a legally binding agreement between the User and the Website.
1. COMPANY INFORMATION
Welcome to Intro! Intro Lifestyle Products Private Limited is the exclusive owner in the Indian territory of the Website and is responsible for maintaining the Website and providing the technical support for the same. The Company reserves the right in its sole discretion to remove any content, data, information, material, service, product, photographs, or visuals of the products being sold on the Website, audio-visual (if any) available on the Website (“Website Content”) from time to time.
M/s. Intro Lifestyle Products Private Limited (CIN: U74999MH2016PTC284227) is a company registered under the Companies Act, 2013 and having its registered office at 403, Vishwavinay, Bhagoji Keer Marg, Next to Hero Honda Service Station, Mahim (W), Mumbai City, Maharashtra – 400 016.
The Company manufactures and sells the products on the Website and also offers the Website platform to various third party vendors/service providers/designers/artist (“Artist”) to sell and market their merchandise, artwork etc. (“Products”) to Users across India (“Services”). The sale and purchase of Products by the Artist to the Users through the platform of this Website shall be governed by this User T&C.
3. TERMS FOR USAGE OF WEBSITE
3.1. The Content on the pages of this Website is for Your general information and use only. It is subject to change at the discretion of the Company without any notice to You.
3.2. You agree to use the Services, the Website therein only for the purposes that are permitted by (a) the User T&C; (b) any applicable law, regulation, or accepted practice in the relevant jurisdiction.
3.3 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 Website Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or Website Content.
3.4 Your use of any information or materials on this Website is entirely at Your own risk, for which We shall not be liable.
3.5 Any violation of these User T&C may result in legal liability upon You. Nothing in this User T&C should be constructedto confer any rights to any third party or any other person. Your use of this Website means You are consenting to this User T&C and agree to be legally bound by it.
3.6 Intro does not guarantee or provide any warranties relating to the Artist or the Products offered by them through the Website. The Website is a market-place where Artist and Users may transact.
3.7 You as an User shall not upload, comment or provide review for Product, publish or share any information (or relating to the Artist) on the Website, that is grossly harmful, harassing, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful or racially, ethically objectionable, or unlawful in any manner.
4. USER REGISTERATION AND REGISTERATION OBLIGATIONS
4.1. You may use the Website and the Services offered on the Website without registration and without creation of an account however, You may create a login account (“Account”) to avail our Services, promotional services and intimation of our upcoming discount offers and schemes on the Products available and sold through the Website.
4.2. Registration as an User on the Website is free of cost. For creation of an Account, You shall be required to provide the following accurate and correct User information: (a) Full Name; (b) Email Address; (c) Mobile Number (to receive delivery of the Product and other notifications); (d) Residential Address/Office Address/Other Address for delivery.
4.3. You while registering as an User shall be required to provide true, accurate, correct and complete information as promoted by the applicable User registration page on the Website. You will be required to provide true, accurate, correct and complete information for delivery of the Product even if, You are purchasing the Product only as a visitor from the Website without any registration. You agree and represent that You are 18 (eighteen) years and above and mentally sound to enter into this User agreement with the Website.
4.4. You will be required to choose a password for the Account and it shall be solely Your responsibility for maintaining the confidentiality of the Account Id and password.
4.5. If You provide any information that is untrue, inaccurate, incorrect and/or incomplete or Intro has reasonable grounds to believe that such information is untrue, inaccurate, incorrect, incomplete or not true at the time of registration of Your Account and/or information provided for delivery of any Product as a registered User of the Website then, Intro shall not be held responsible for any loss or damage (of any kind whatsoever) caused to You as an User of the Website.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. The Website, the processes, and their selection and arrangement, including but not limited to the text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer design code, structure, photographs of the Products on the Website, arrangement of the Website Content (“Content”) is owned by the Company and protected by the copyright, patent and trademark laws and other applicable intellectual property rights.
5.2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of the Company or the Artist as the case maybe. You are not permitted to use the Marks without the prior written consent of the Company or the Artist who owns the Mark.
5.3. The Company owns all the intellectual property rights relating to the trademark “intro” and variants thereof, and the domain name, including but not limited to, all rights, title and interest in the copyright, related rights, patents designs, know-how, inventions (including pending patent), goodwill, source code, databases, text, graphics, icons and hyperlinks relating to the Content.
5.4. You acknowledge and agree that You shall not copy, download, republish, post, display, reproduce, distribute, transmit any Content through any medium without obtaining any prior written consent and authorization from the Company or the Artist of the Product. The access to the Website does not grant You any right to copy, download, republish, post, display, reproduce, distribute, transmit any Content.
5.5. You shall not display, upload, publish, transmit, update or share any information on the Website that, shall infringe any patent, copyright, trademark or any other intellectual property right of the Artist.
5.6. The Company makes no warranties or representations about the intellectual property rights of the Products displayed on the Website. The Company under the representation and under good faith made to it by the Artist believe and understand that the respective Artist to be the true and legal owner/proprietor of the intellectual property right of the respective Product(s) displayed and being sold through the Website.
5.7. The Company shall not be held liable for any infringement of intellectual property rights of any third party claiming to be the original owner/proprietor of the Product displayed and sold through the Website, (including but not limited to) any direct or consequential loss and losses or damages of any kind caused to the third party. For any complaints relating to third party intellectual property rights, kindly send us a detailed e-mail to the Intro Customer Care email address at firstname.lastname@example.org.
6. PAYMENT FOR PRODUCTS
6.1. We have a number of modes and payment methods available for You to purchase the Products from Our Website.
6.2. You may choose to pay for the Product bought by You from the Website through Online Bank Transfer through your credit or debit card.
6.3. If in any case, your payment transaction fails, please contact our Customer Care Officer at email@example.com.
7. TYPOGRAPHICAL AND OTHER ERRORS
While Intro takes reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. We do undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the information of the Website at any time without notice to You. While we make reasonable efforts to prevent unauthorized tampering with the Website, we do not guarantee that our efforts will always be successful. Therefore, as set out below under “Disclaimer of Warranty”, we do not warranty that the Website Content will be error-free, and disclaims any liability for such errors.
8. DATA PRIVACY
9. DISCLAIMER OF WARRANTIES
9.1. You expressly understand and agree that, Your access or use of this Website is at Your sole risk. The Website is provided on an “as is” and “as available” basis. We and our affiliates, officers, agents, representatives, and employees expressly disclaim all warranties of any kind, whether express or implied including but not limited to the implied warranties of merchantability, non-infringement.
9.2. We, our associates, and our technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness, of the Website Content, third party links or communications provided on through the use or access of this Website or that the operation of the Website will be error free and/or uninterrupted. We do not assume any liability whatsoever for any monetary or other damage suffered by You on account of any delay, failure, interruption, disclosure of any confidential information by other parties or corruption of any data or other information transmitted in connection with the use of the Website.
9.3 This disclaimer of warranties does not apply to any Product warranty offered by the Artist of a particular Product(s) as specified in the Product specifications. This disclaimer constitutes an essential part of the User T&C.
10. ENTIRE AGREEMENT
11. LIMITATION OF LIABILITY
11.1. Use of the Website is at Your own risk. While we make reasonable efforts to ensure the safety and functionality of Our Website, these efforts may fail and errors may occur. IN NO EVENT SHALL INTRO, ITS OFFICERS, DIRECTORS OF THE COMPANY, EMPLOYEES, REPRESENTATIVES, AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED, TO LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT INTRO HAD ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BASED ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF THE PRODUCT(S) AND SERVICES THEREIN.
11.2. NOTWITHSTANDING ANYTHING CONTRARY, INTRO’S ENTIRE LIABILITY TO YOU UNDER THIS USER T&C IS LIMITED TO THE REFUND OF THE SELLING PRICE value OF THE PRODUCT(S) ORDERED BY YOU FROM THE WEBSITE SUBJECT TO FULFILMENT OF THE TERMS AND CONDITIONS OF THE ‘RETURN POLICY’
12.1. You agree to indemnify, defend and hold harmless Intro, its employees, directors, officers, agents, representatives, successors, assigns from and against any and all claims, losses, liabilities, damages, demands, costs, expenses (including legal attorney’s fees and disbursements in connection therewith and interest chargeable thereon) which assert against or incurred by Intro as a result of, or breach of any representation, warranty, undertaking or User responsibility under these User T&C, additional terms applicable to the purchase of Product(s) by You from the Website or arising out of Your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy.
12.2. This clause shall survive the expiry or termination of these User T&C.
13.1. The User T&C will continue to apply until terminated by either You or Intro as set forth below. If You wish to terminate Your agreement with Intro, You may do so by (a) not accessing the Website; or (b) closing/deleting Your Account.
13.2. Intro may at its sole discretion and at any time with or without prior notification to You terminate or suspend these User T&C without cause or with cause if:
- Intro is required to do by any applicable law/rule/regulation in force;
- The Service being offered to You is, in Intro’s opinion, no longer commercially viable;
13.4. Intro shall not be liable to You or any third party for any such termination.
13.5. Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.
14. GENERAL TERMS
14.1. Force Majeure: Intro, its agents, affiliates, representatives, directors, employees, officers shall not be held liable for any acts beyond its control or any Act of God. Intro shall not be held liable for the delay in delivery of the Product(s) ordered by You from the Website due to occurrence of any of the event caused by Act of God. For sake of brevity “Act of God” shall mean and include the occurrence of any war, flood, fire, cyclone, earthquake, any other calamity caused by nature affecting the regular delivery period of the Product(s) to You.
14.2. Modification of Services: Intro reserves the right to modify or discontinue (completely or partially) from its Website, Services, or any Website Content therein. We will not be liable to You or any third party if We exercise this right. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
14.3. No third-party beneficiaries or rights: These User T&C shall not create any private right of action on part of any third party.
14.4. Dispute Resolution & Governing Law: The User T&C and all related transactions entered and the relationship between You and Intro and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principle. All claims, differences, dispute arising under or in connection with or in relation to the Website, the User T&C or any transactions entered into or through the Website shall be subject to the exclusive jurisdiction of the courts in Mumbai, India and You hereby accede to and accept the jurisdiction of such courts. Except, to the extent You have in any manner violated or threated to violate this Website’s intellectual property rights, We may seek injective or other appropriate relief in any court in India or internationally, and You consent to the exclusive jurisdiction and venue in such courts.
14.5. Assignment: You shall not assign or otherwise transfer the rights and obligations under these User T&C to any third party. Intro’s rights and obligations are transferable to any third party/ies without the requirement of seeking Your consent or prior notice to You.
14.6. Severability: If the court of competent jurisdiction finds any provisions of these User T&C, or portion thereof to be unenforceable, the same shall not affect the any other provisions of the User T&C. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
14.7. Complaints and Feedback: In the event that You have any grievances pertaining to the Services provided through the Website, please feel free to email us at our Customer Care email address at firstname.lastname@example.org and kindly provide Your name, email address, physical address so that, We may be in the position to verify the details or check the authenticity of the complaint.
USER CONFIRMATION AND ACCEPTANCE
Use of Website is available only to persons who can form legally binding contract under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Website.
I/WE HEREBY CONFIRM THAT I/WE HAVE THE LEGAL CAPACITY TO ACCEPT THE USER TERMS AND CONDITIONS.
I/WE HEREBY CONFRIM THAT I/WE ARE DULY REGISTERED WITH THE WEBSITE AND ALL THE INFORMATION PROVIDED BY ME/US IN RESPECT OF THE ACCOUNT AND AVAILAING THE SERVICES IS TRUE AND ACCURATE TO THE BEST OF MY/OUR KNOWLEDGE AND BELIEF.
I/WE CONFIRM THAT I/WE HAVE FULLY UNDERSTOOD THESE TERMS AND CONDITIONS.