Civena USER AGREEMENT
1.1 This CIVENA User Agreement (“this User Agreement”)is an electronic record in terms of the Information Technology Act, 2000 and rules made there under as applicable,as well as the amended provisions pertaining to electronic records in various Acts and Statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.4 Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872, including minors, are not eligible to use the Website. We reserve the right to refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
1.5 This User Agreement shall come into effect from 00:00 hours I.S.T.on august 1, 2016.
APPLICABILITY, ACCEPTANCE AND AMENDMENT
2.1 Your access and/or use of the Website implies that you have read and fully understood, and you accept and agree to be bound by, the terms and conditionsof this User Agreement and Civenas Rules & Policies;and that you accept that this User Agreement as well as Civenas Rules & Policies shall be effective and binding upon you along with any amendments made there to and posted on the Website; and you shall not claim invalidity there of merely on the ground that this User Agreement as well as Civenas Rules & Policies arebeing concluded and executed electronically.
2.2 Please note that various underlined words and phrases are hyperlinked to various rules and policies on the Website; and, by accessing and/or using the Website, you hereby accept, and agree to be bound by, the rules and policies available on such hyperlinked webpages.
2.3 When you use any of the services provided, and/or make any purchase, on or through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service or purchase, and they shall be deemed to be incorporated into this User Agreement, and shall be considered as part and parcel of this User Agreement.
2.4 You hereby further agree that this User Agreement is concluded and executed at Surat, Gujarat, India.
2.5 We reserve the right, at our sole discretion, to change, modify, add or remove portions of this User Agreement and/or Civenas Rules & Policies, at any time without any prior written notice to you. It is your responsibility to review this User Agreement and Civenas Rules & Policies periodically for updates/changes. Your continued use of the Website following the posting of updates/changes will mean that you accept and agree to the updates/changes. As long as you comply with the provisions of this User Agreement and Civenas Rules & Policies, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
2.6IF YOU DO NOT AGREE TO, OR ARE NOT WILLING TO BE BOUND BY, THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, CIVENAS RULES & POLICIESAND THE DOCUMENTS THEY INCORPORATE BY REFERENCE, PLEASE DO NOT SEEK TO OBTAIN ACCESS TO OR OTHERWISE USE THE WEBSITE
DEFINITIONS AND RULES OF INTERPRETATION
3.1 In this Agreement, the following definitions will be used:
(a) “Business Day” means a day on which banks are open for general business in Gurgaon, India, other than a Saturday, Sunday or public holiday.
(b) “I.S.T.” means Indian Standard Time.
(c) “Listing” means the information posted on the Website about any Product for sale.
(d) “Person” means any individual, corporation (including non-profit corporations), general partnership, limited liability partnership, joint venture, estate, trust, cooperative, foundation, society, political party, union, company, firm or other enterprise, association, or organization.
(e) “Website” means the website www.Civenas.com.
(f) “Third Party” means person/s other than you and us.
(g) “User”, “You” and “Your” mean and refer to a natural or legal person who is accessing the Website, its contents, and/or using the services offered on or through the Website.
(h) “We”, “us” and “our” mean and refer to Spark International, and include its associates, affiliates and subsidiary/ies.
3.2 In this User Agreement, wherever the context admits –
(a) Words “hereof”, “herein”, “hereto”, “hereunder” and other words of similar purport shall be construed to refer to this User Agreement as a whole.
(b) Use of singular includes the plural number and vice-versa.
(c) Words implying gender shall be deemed as implying any gender.
(d) A reference to a particular section, sub-section, clause, or sub-clause shall, except where the context otherwise requires, be understood as a reference to that section, sub-section, clause, or sub-clause in this User Agreement.
(e) Spark Internationaland User are sometimes referred to as “parties” jointly, and as “party” individually.
3.3 Headings have been given herein solely to facilitate the ease of reading and identification, and are not intended to be used for the purpose of interpretation or putting any limitation on the scope, extent or intent of this User Agreement or any provision hereof.
4.1 We provide a number of Internet-based services (collectively, “Services”) through the Website. One such Service enables you to purchase original merchandise such as Apparel and other related items/accessories (collectively, “Products” or “Items”). Upon placing an order, we shall ship the ordered Product(s) to you and be entitled to its payment.
5.1 You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding rules and principles:
(a) You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
(b) In accordance with the Information Technology (Intermediaries Guidelines) Rules2011, in case of non-compliance with this User Agreement and/or Civenas Rules & Policies, we have the right to immediately remove Your Information that is non-compliant and terminate yourright to access or use the Website.
5.2 In terms of Information Technology (Intermediaries Guidelines) Rules, 2011you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which you do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing; including, but not limited to,“indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
(e) is fraudulent or involves the sale of counterfeit or stolen items;
(f) involves the transmission of junk mail, pyramid schemes, chain letters, or unsolicited mass mailing, or spamming;
(g) violates any law for the time being in force;
(h) deceives or misleads the addressee or other Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(i) impersonates another person;
(j) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(k) threatens the unity, integrity, defense, 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;
(l) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and
(m) shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force; including, but not limited to, the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, the Information Technology Act, 2000 as amended time to time and rules framed thereunder.
5.3 You further agree and undertake that when using the Website, you will not:
(a) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create any data, information, derivative works from, nor transfer, or sell any information or software obtained from the Website;
(b) abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(c) download any file posted by another User of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(d) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(e) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(f) violate any of the terms and conditions of this User Agreement or any other terms and conditions for the use of the Website contained elsewhere herein; and
(g) make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about us, our vendors, franchisor(s), associates, affiliates and partners on any property owned by us.
5.4 We reserve the right to refuse any of our Services and/or cancel your orders at our sole discretion if we believe that your conduct violates applicable law or is harmful to our interests or otherwise.
5.7 In the event that any transaction or attempted transaction relating to any Product or Service, which is in violation of this User Agreement or applicable law, comes to your knowledge, you shall take all steps to inform us of the same at care.Civena@gmail.com.
5.8 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under 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 Services and purchase of Products.
5.9 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.
5.10 You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any Product or Services being sold or purchased on the Website.
5.11 Not with standing our reasonable efforts in that behalf, we cannot control the information provided by other Users which is made available on the Website.You may find other Users’ information to be offensive, obscene, harmful, inaccurate, or deceptive, and you may be involuntarily exposed to such information. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with us or others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
EXACTNESS AND AVAILABILITY NOT GUARANTEED
6.1 We hereby disclaim any guarantees of exactness as to the texture, quality, finish, style, size and appearance of the Product ordered by a User as compared to its description given on the Website.
6.2 We do not make any representation or warranty as to the attributes (such as quality, worth, style, marketability, etc.) of the Products or Services proposed to be sold, or offered to be sold, or purchased on the Website.
6.3 You understand, acknowledge and accept that the commonly used words/alphabets or symbolsused in the description of a Product do not carry any particular meaning and are not meant to signify any specific standard of texture, quality, style, colour, fit or size; for instance (without limitation), theword “Branded” does not indicate any particular brand(s);the words “Party wear”, “Formal”,etc. do not imply that the Product is suitable for wearing in parties or is to be worn formally;the words, such as “Lycra”, “Pure Cotton”, etc., do not denotethe extent of any particular ingredient, or combination of ingredients, contained in the Product;and the symbols representing size; viz., “S”, “M”, “L”, “XL”, “XXL”, etc.,do not imply that shape, style and fit of the Product are exactly the same as those of any similar Product of same size but different brand. You further agree and accept that in case you are not satisfied with any attribute of a Product supplied by us; including, without limitation, its quality, fit, colour, design, style or size, your sole remedy is to return the supplied Product in accordance with our Return Policy, as posted from time to time on the link http://Civenas.com/page/return-policy.html, which is incorporated herein by reference; and our maximum liability in this case is to refund the amount paid by you for the Product in question.
6.4 You understand, acknowledge and accept that the quality of any Products purchased or obtained by you on or through the Website may not meet your expectations, and that alterations to certain aspects of your order such as Product specification, size, colour, shape, units, weight, brand, etc. may be required due to limitations caused by differences in available Product colour, shape, weight and size charts of different brands, etc. In this instance you agree that a representative from Spark International will call you or send an approval request via the email address which you provided when placing your order. If you do not agree with the requested change you retain the right to reject the requested Product alteration by replying to it within 10 days of it being sent to you. If you reject this request,or no response is received from you, within said 10 days, your order will be cancelled; and the amount, if any, paid by you for the order will be fully refunded within 15 days from the date of your rejecting the request or expiry of 10 days from the date on which request is sent, whichever is later.
6.5 Resemblance of any picture of a Product listed on the Website with any other picture of similar Product available elsewhere on the internet is purely coincidental, and it does not make us liable to supply a Product that looks exactly like its picture displayed on the Website or elsewhere.
6.6 You expressly understand, acknowledge and accept that all the Items listed on the Website are offered only for a restricted time and only for the available supply, and that we, even after accepting your order for any such Item, are not obligated to supply the same if it is not available in our stock, in which event we will cancel your order and notify you of that cancellation.
6.7 We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Items, which are out of stock or otherwise unavailable.