Terms of Use

 

Please read all of these terms of use (“Terms”) carefully before using our websites, email notifications, mobile applications, social media applications, widgets, and our other online services (the “Services”) because it affects your legal rights and obligations.

This Agreement and Your Acceptance

Our Services are owned, operated and provided by PoshVine Systems Pte. Ltd. and its subsidiaries and affiliates (“PoshVine,” “our,” “us” or “we”). Our Services are hosted on servers located inside India for Indian customers and outside India for International Customers.

You agree to these Terms by accessing or using any of our Services. If you do not agree to be bound by all of these Terms, including our Privacy Notice incorporated herein by reference, you should not access or use the Services.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This agreement requires the use of binding arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.

Our Services

Our Services are provided for your personal information and non-commercial use. The content of our Services is provided for general information only. There will be occasions our Services may be interrupted due to scheduled maintenance or upgrades, emergency repairs, failure of telecommunications links and/or equipment, or similar occurrences.

Our Services contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications (“Materials”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by, copyright, trademark, patent, and other applicable laws. Trademarks, logos, and service marks displayed in our Services are registered and unregistered trademarks of PoshVine, its subsidiaries and affiliated companies, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing in our Services shall be constructed as granting any license or right to use any trademark, logo, or service mark displayed without the owner’s prior written permission.

The use of any such Materials on any other website or networked computer or environment without our express written consent is prohibited. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way nor may they be decompiled, reverse engineered or disassembled, except that you may download one copy of the Material on any single computer for your personal, non-commercial use, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials, and, by your use of our Services, you acknowledge that you do not acquire any license, ownership or other rights in or to the Materials.

Use of Our Services

In order to access some features of our Services, you may have to create an account. You may not:

• Create an account for anyone other than yourself;
• Use another User’s account without permission, or solicit, collect or use the login credentials of other users; or
• Sell, transfer, license or assign your account, username, or any account rights.

When creating your account, you must provide true, current, accurate and complete information, and you must update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password secure and you are responsible for the activity that occurs on your account. You may be liable for our losses or the losses of others due to unauthorized use. If you become aware of or suspect any breach of security or unauthorized use of your password or of your account, you should notify us immediately at concierge@poshvien.com. 

You agree you have the legal right and capacity to enter into these Terms and to comply with all laws, rules and regulations applicable to your use of our Services and any content you submit, post or display (e.g., images, photographs, graphics, audio, video, text, information, works of authorship, applications, links, and other communications, content or materials) (collectively, “User Submissions”), including without limitation, copyright laws and export laws.

You may not:

• Circumvent, disable or otherwise interfere with any security-related features of our Services or features that prevent or restrict use or copying of any Materials and User Submissions or enforce limitations on use of our Services and the Materials or User Submissions;
• Engage in any activity that interferes with or disrupts our Services (or the servers and networks which are connected to our Services), including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
• Inject content or code or otherwise alter or interfere with the way any part of our Services is rendered or displayed in a user’s browser or device;
• Change, alter or modify any part of our Services for any reason;
• Use or launch any type of automated system, including but not limited to, “robots,” “spiders,” or “offline readers,” etc., that accesses our Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
• Frame or deep link into any of the PoshVine websites;
• Access (or attempt to access) any of our Services, including Materials and User Submissions, by any means other than through the interfaces that are provided by us;
• Use our Services for any illegal or unauthorized purpose.

 

User Submissions

You and your agents are responsible for your User Submissions, including without limitation, any damages resulting from any infringement of copyright, patent, trademark, proprietary rights, or any other harm resulting from such a submission.

Your User Submissions must comply with the following:

• You may not submit abusive, obscene, threatening, harassing, defamatory, libelous, offensive, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive User Submissions via our Services, or User Submissions that encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate.
• You may not post advertisements, solicitations or spam links to other websites or individuals, without prior written permission from us.
• You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
• You may not make false or misleading statements.
• You may not submit private, confidential or sensitive information unless specifically requested by us (e.g., providing credit card information to complete a purchase transaction via our Services).

It has been and remains our policy not to accept or consider ideas, suggestions or materials other than those that we have specifically requested from you. Any information or material you send to us will be deemed not to be confidential or proprietary. Our Services may now or in the future permit User Submissions and the hosting, sharing, and/or publishing of such User Submissions. No User Submissions are confidential whether published or not. You also acknowledge that the internet may be subject to breaches of security and that the submission of User Submissions or other information cannot be guaranteed to be secure.

You retain all of your ownership rights in your User Submissions. By submitting information and material via our Services, you automatically grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part) worldwide for any purpose, and/or to incorporate it in other works and for any purpose and in any form, media, or technology now known or hereafter developed. You also agree that we are free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose.

We reserve the right to determine in our sole discretion whether User Submissions are appropriate and comply with these Terms for reasons including without limitation, excessive length. We may, but have no obligation to, at any time, without prior notice and in our sole discretion, remove, edit, block, and/or monitor User Submissions or terminate a user’s access for submitting such material in violation of these Terms.

Our Services may allow for a live chat feature through a third-party provider. In that case, any communications that you have or content that you submit via the live chat feature (“Chat Data”) will be considered personal information and the use thereof is governed by our [link to privacy notice].  Our third-party provider implements security measures to protect the confidentiality of the transcript of the live chat it stores and your Chat Data is deleted approximately twelve (12) months after it is captured. However, no method of electronic storage is 100% secure or error-free, so it is not possible to guarantee absolute security of your Chat Data.

Third-Party Content and Linked Sites

When using our Services, you may be exposed to User Submissions submitted, posted or displayed by users from a variety of sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights relating to such user posted content. You agree to waive any legal or equitable rights or remedies you have or may have against us with respect to the User Submissions of others to the fullest extent permitted by law.

We may provide links to other independent third-party websites (“Linked Sites”) as a convenience to you. If you use these links, you do so at your own risk. We have no control over, and assume no responsibility for, the content, services, privacy policies, terms of use, or practices of any third-party websites. Inclusion of such content and links does not imply our sponsorship or endorsement of the same (including the information or materials appearing or any of products and services described on Linked Sites), our affiliation or association with any such content and links, or that any Linked Site is authorized to use any trademark, trade name, logo, or copyright of PoshVine, its subsidiaries or affiliates. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Your correspondence and business dealings with third parties found through our Services are solely between you and the third party.

Disclaimer

Our Services, including without limitation, Materials, User Submissions, any products or services available on our Services and all the information, software, facilities, services, related communications, and other content therein are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible under applicable law, we disclaim all representations or warranties, express or implied, of any kind, including without limitation: (i) warranties of merchantability, non-infringement and fitness for particular purpose; (ii) warranties arising from course of dealing or course of performance; (iii) the accuracy, reliability, usefulness, or completeness of any information contained in our Services; (iv) that access to our Services will be uninterrupted or error-free; and (v) that our Services will be secure. We assume no responsibility and shall not be liable for any damages of any nature caused by the use of our Services, including damages caused by viruses, worms, Trojan horses or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to or use of our Services.

We disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any materials, content, User Submissions, or products or services advertised or offered by a third party through our Services or featured in any banner or other advertising.

Limitation of Liability

You agree that you assume full responsibility for your use of our Services and that PoshVine’s liability to you and any party is limited as follows. Under no circumstances will we, our suppliers or other third parties mentioned or involved in creating, producing, or delivering our Services be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use of, inability to use or the results of use of our Services, or any Materials contained in any or all such Services (including without limitation, those caused by or resulting from a failure of performance; error; omission; linking to Linked Sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction of, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party, including User Submissions and Linked Sites. The maximum total liability of PoshVine and its subsidiaries, affiliates and our officers, directors, shareholders, predecessors, successors in interest, employees, and agents, to you for any claim under these Terms, whether in contract, tort, or otherwise, is one thousand rupees (Rs.1,000). If you are dissatisfied with any of the Materials contained in our Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using our Services.

All personal sensitive information collected by PoshVine shall be stored in accordance with the reasonable security practices, as required by the applicable laws, such as Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and the International Standards such as IS/ISO/IEC 270001 on "Information Technology – Security techniques – Information Security Management System Requirements." Use of PoshVine websites 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, un-discharged insolvents etc. are not eligible to use the Application. You represent and warrant that you are at least 18 years old and all information you submit is true, accurate and complete while registering the account on Application. 

Indemnity

You agree to indemnify, defend and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims and expenses (including attorneys’ fees) made against PoshVine by any third party due to, arising out of or in connection with: (i) your User Submission or your use of and access to our Services; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders; (v) any claim that your User Submission caused damage to a third party; or (vi) any misrepresentation made by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification and defense by you, and you will not in any event settle any claim without our prior written consent. You will cooperate as fully required by us in the defense of any claim. This defense and indemnification obligation will survive these Terms and your use of our Services.

Changes to our Terms and Termination of the Services

We reserve the right, in our sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of our Services and Materials, and will post updates to these Terms on this webpage with a new effective date. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, we are under no obligation to update Materials. We may also make changes in the products, services, programs, or prices (if any) described in our Services at any time without notice. Your continued use of our Services after any change we make to our Services will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because your use of our Services will be governed by the then-current Terms and Privacy Notice.

These Terms will remain in full force and effect so long as you continue to access or use our Services, or until terminated in accordance with the provisions of these Terms. At any time, we may: (i) suspend, withdraw, discontinue, change, or terminate either our Services in general or (ii) suspend, withdraw, discontinue, change, or terminate these Terms and your rights to access or use our Services for any reason, particularly if we believe that you have restricted or inhibited any other user from using or enjoying our Services or in any other way have used our Services in violation of these Terms. Upon termination of these Terms, your authorization to use our Services automatically terminates and you must immediately destroy any downloaded or printed Materials.

Waiver

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Governing Law and Jurisdiction

Any dispute, claim or controversy arising out of, or relating to the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use, or to your use of the Application or the Service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

Contact Us

If you have any questions about the Terms, please write to us by mail at PoshVine, Attn: Website Inquiries, 181,1st Floor,  Amarjyothi Layout, Domlur, Intermediate Ring Road, Bangalore 560071, India, or email us at concierge@poshvine.com.