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Terms and Conditions

PLEASE GO THROUGH THE POINTS HIGHLIGHTED IN BOLD THOROUGHLY BEFORE ACCEPTING THE TERMS AND CONDITIONS OF THE PLATFORM.

 

This document is an electronic record in pursuance to the Information Technology Act, 2000, rules and regulations framed there under together with the Consumer Protection Act, regulations, including and not limited to the “e-commerce and e-sellers”, regulations framed under the act as applicable, including the amended provisions pertaining to electronic records under various statutes. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.tryontrends.com website and Try on Trends application and webpage for mobile and handheld devices.

 

ABOUT:

“Try on Trends”, is an intermediary startup proprietary concern, acting as an aggregator in between a “Fashion Designer” and prospective “Customer/Buyer”, where you can reach out to the nearest fashion designer and get a routine product, but in a really unique and customized way; either for daily use or for specific occasion, which is only designed especially for you. You can also have a look at their already designed products as per the uploaded catalogue and place purchase orders directly through the platform, if you like something from it.

 Terms of Use

 

  1. a) These terms of use are applicable only to persons who have completed the age of 18 years. (the “Terms of Use”) govern your use of our website www.tryontrends.com (the “Website”), (webpage for the designer) and our “Try on Trends” application for mobile and handheld devices (the “App”). The Website, Webpage and the App are jointly referred to as the “Platform”. Please read these “Terms of Use” carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with “Try on Trends” and you signify your acceptance to this Terms of Use and other “Try on Trends” policies (including but not limited to the Cancellation, Return & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

 

  1. b) The Platform is owned and operated by “M/s Try on Trends”; A proprietary concern having its office at Plot NO. 80, H.NO. 23-496, Bhoodevi Nagar, Trimulgheery Post, Secunderabad- 500 015. For the purpose of these Terms of Use, wherever the context so requires, “you, “your”, “use”, or “User” shall mean and include any natural or “legal person”, who shall transact on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems/electronic mode. The terms “Try on Trends”, “we”, “us”, “our” or “Platform” shall mean and include M/s Try on Trends, its admin and its representatives. The term “merchant” shall mean and include all fashion designers/boutique owners or any other person/entity registered with Try on Trends as a “seller”.

 

  1. c) “Try on Trends”, enables transactions on its Platform in between participating fashion designers/boutiques, dealing in (a) promoting fashion, (b) sale of fashion designer clothing/accessories, and (c) other products and services pertaining only to fashion designing (“Platform Services”).

 

  1. d) “Try on Trends” is neither concerned/ nor responsible for the delivery or issues related to delivery.

 

i). “Try on Trends” is not at all responsible for any order/orders which is not routed through our app (customized orders). The customized order/orders not routed through our app are the exclusive responsibility of the merchants/fashion designers/boutiques to comply with the requirement of the customer without reference to “Try on Trends”, with respect to the orders placed by them.

 

ii). “Try on Trends” is merely acting as an intermediary between the Buyers/customers and Merchants/Fashion designers/Boutiques.

 

e). You agree to register on the platform on your own, and it is deemed that the registering on the platform by you is on your assurance/of having complied with all the statutory norms as required to be followed, and the violation of the same and registering on the platform of Try on trends, no liability can be fastened against us.

 

Amendments

 

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other “Try on Trends” policies from time to time by posting modified documents on the Platform. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other “Try on Trends” policies and note the changes made on the Platform. Your continued usage of the Services after any change is posted, constitutes your acceptance of the amended Terms of Use and other “Try on Trends” policies. As long as you comply with these Terms of Use, “Try on Trends” grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and “Try on Trends” policies (including but not limited to Cancellation & Return/Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time, without any further notice

 

Use of Platform and Services

 

1.All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the fashion designers/Merchants.

 

  1. “Try on Trends” does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the customers/fashion designers. “Try on Trends” may, however, offer support services to Merchants in respect to Order fulfilment, mode of payment, payment collection, call center support and other ancillary services, pursuant to independent contracts executed by “Try on Trends” with the fashion designers/Merchants. The price of the product and services offered by the fashion designers/Merchant are determined by the fashion designers/Merchant itself and “Try on Trends” has no role to play in such determination of price in any way whatsoever.

 

  1. “Try on Trends” neither make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. “Try on Trends” accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

  1. “Try on Trends” is not responsible for any non-performance or breach of any contract entered into between customers/Buyers and fashion designers/Merchants. “Try on Trends” cannot and does not guarantee that the concerned Buyers, Merchants will perform any transaction concluded on the Platform. “Try on Trends” is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

  1. “Try on Trends” is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall “Try on Trends” hold any right, title or interest over the products nor shall “Try on Trends” have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.

 

  1. “Try on Trends” is only a platform in between the fashion designer/Merchant and the customer/Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, “Try on Trends” shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center of the Merchant, if necessary. The Merchant shall be liable for redressing the Buyer complaints. In the event of any complaint on any Merchant, on the Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint, and vice-versa.

 

  1. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

 

7.1. We will not be responsible for any false pretence or any orders put forth on the platform by any customer who is below the age of 16 years, or orders placed for and on behalf of a minor.

 

  1. “Try on Trends” – Use of the Website, Webpage and Apps (Android and iOS)

 

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

 

You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

 

  1. i) belongs to another person and which you do not have any right to;

 

  1. ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 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;

is misleading or misrepresentative in any way;

 

iii) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

  1. iv) harasses or advocates harassment of another person;

 

  1. v) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

 

  1. vi) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

 

vii) 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;

 

viii) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

 

  1. ix) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

 

  1. x) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

 

  1. xi) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

 

xii) contains video, photographs, or images of another person (with a minor or an adult);

 

xiii) 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;

 

xiv) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, “Try on Trends” prior written consent means a communication coming from “Try on Trends” Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;

 

  1. xv) solicits gambling or engages in any gambling activity which is or could be construed as being illegal;

 

xvi) interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;

 

xvii) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

 

xviii) harm minors in any way;

 

xix) infringes any patent, trademark, copyright or other intellectual property 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;

 

  1. xx) violates any law for the time being in force;

 

xxi) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

 

xxii) impersonate another person;

 

xxiii) 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;

 

xxiv) 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 criminal offence or prevents investigation of any offence or is insulting any other nation;

 

xxv) is false, inaccurate or misleading;

 

xxvi) directly or indirectly, offers, attempts to offer, trades or attempts 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; or

 

xxvii) creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.

 

8.2. 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 prohibit any such activity.

 

8.3. 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.

 

8.4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

 

 8.5. You shall not make any negative, degrading or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘“Try on Trends”’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of “Try on Trends” or Merchant on platform or otherwise tarnish or dilute any “Try on Trends” trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or “Try on Trends” systems or networks, or any systems or networks connected/associated to “Try on Trends”.

 

8.6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.

 

8.7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us, on or through the Platform or any service offered, on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

8.8. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of “Try on Trends” and/or others.

 

8.9. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules there under; (b) the consumer protection laws and the rules and regulations framed there under, and;  all other applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) 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.

 

8.10. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.

 

8.11. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold and the data uploaded on the platform. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.

 

8.12. 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 being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be violation of the Platform services if you resort to abuse, harm another person, contact or advertise. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

 

8.13. We reserve the right, but has no obligation, to monitor the materials posted on the Platform. “Try on Trends” shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect “Try on Trends” views. In no event shall “Try on Trends” 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.

 

8.14. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

 

8.15. It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized users, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

 

8.16. “Try on Trends” shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

 

  1. Account Registration

 

  1. You may access the Platform by registering to create an account (“Try on Trends” Account) and become a member (” Membership”) on subscription basis; 

b). We will create your “Try on Trends” Account for your use of the Platform services based upon the personal information you provide to us, as described above. You can only have one “Try on Trends” Account and not permitted to create multiple accounts. “Try on Trends” reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

 

  1. c) You agree to provide accurate, correct and complete information during the registration process and update such information from time to time, until you continue on the platform

 

d). We reserve the right to suspend or terminate your “Try on Trends” Account and your access to the Services:

 (i) if any information provided during the registration process or thereafter proves to be inaccurate, not correct or incomplete;

(ii) if it is believed that your actions may cause legal liability and/or

(iii) if you are found to be non-compliant with the Terms of Use or other “Try on Trends” policies.

 

  1. e) Activation of the account will be confirmed within 48 hours from the date/time of registering, after verifying the antecedents on the basis of the information/data, uploaded/ provided by you, if the same are acceptable and in accordance with our terms.

 

  1. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not, you have authorized such activities or actions.

 You will immediately notify us of any unauthorized use of your Account.

 

11.You are independent, registering on the platform for your own self and on your behalf alone; and at no cost will you be acting as an agent or attorney for someone else or on their behalf.

 

  1.   Order Booking and Financial Terms

 

12.1 The Platform allows the Buyers to place Orders/or make customizations through the platform;

 

12.2 The acceptance of such Orders by the fashion designers/Merchants, will on the basis of the terms and conditions agreed upon by “Try on Trends” with the fashion designers at the time of their registration on the platform.

 

12.3 Try on trends can be used by the customers/BUYERS for placing “CUSTOMIZED ORDERS”, through the chat box option on the platform by chatting directly with the merchant/fashion designer/boutique owner itself; and it is specially agreed and understood that; any orders made by the buyers in the “Customized order” category, no responsibility/liability is fastened on Try on Trends and it is deemed to be a lead generated to the designer directly;

 

12.4 “Try on Trends” does not own, sell, resell on its own such products offered by the Merchants, and/or does not control the Merchants provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Merchants.

 

12.5 As a general rule, all Orders placed on the Platform are treated as confirmed, subject to the following:

 

  1. i) In addition to the foregoing, we may also contact the buyer by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Merchant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that “Try on Trends” reserves the right not to process Buyer’s Order in the event, Buyer or Merchant is unavailable and such event the provisions of the Cancellation and Refund Policy shall be applicable.

 

ii).  All payments made against the Orders or Services on the Platform by the merchant/fashion designer/boutique and/or the buyer shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order including payments being made through UPI apps; or (iii) credit or debit card or cash at the time of delivery (if applicable).

 

iii). You understand, accept and agree that the payment facility provided by “Try on Trends” is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, “Try on Trends” is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

 

iv).  Buyers acknowledge and agree that “Try on Trends” acts as the Merchant’s payment agent for the limited purpose of accepting payments from Buyers/Merchants on behalf of the customer/Merchant, as the case may be. Upon payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings; except for the customized orders where the entire process pertaining to the customized orders placed by the buyer to the merchant will be independent of the present payment options; and no liability; whatsoever, can be fastened against Try On trends in respect of this category of order/ payment.

 

v). “Try on Trends” will collect the total amount in accordance with the Terms of Use and the pricing terms set forth in the applicable listing of product by the Fashion designer/merchant. Please note that we cannot control any amount that may be charged to Buyer/merchant by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.

 

vi). Once the Order is confirmed a confirmation summarizing the confirmed booking will be sent.

 

vii) The final tax bill will be issued by the Merchant (if registered for tax purposes) to the Buyer along with the Order and “Try on Trends” is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. “Try on Trends” holds no responsibility for the legal correctness/validity of the levy of such taxes and the sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.

 

vii). The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Merchant/fashion designer/boutique and are listed based on Merchant’s/fashion designer/boutique information. Very rarely, prices may change at the time of placing Order due to Merchant changing the product price without due intimation and such change of price/prices are at the sole discretion of the Merchant attributing to various factors beyond control, which Tryon trends is not responsible for.

 

13.

 a). Tryon Trends will charge a sum equivalent to 10% of the final invoice as commission fee, and after adjusting the same the balance amount will be transferred to the merchants/fashion designers/boutique owners;

 

b). The balance amount after adjusting the commission fee will be credited/transferred to the merchants account within 1 month from the date of delivery/no claims of refund/return/cancelled whichever is later.

 

c). In order to continually improve and provide you/ Buyer with a seamless experience we need to ensure maintenance and upkeep of our application/platform. For such upkeep and maintenance, we may, charge a nominal non-refundable amount from you/Buyer as ‘platform fees’

 

d). The Merchant shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers and in no event shall be the responsibility of “Try on Trends”.

 

  1. e) The transactions are bilateral between the Merchant and the Buyer therefore, “Try on Trends” is not liable to charge or deposit any taxes applicable on such transactions. 

 

14.Terms of service

 

  1. i) The merchant/Buyer agrees and acknowledges that “Try on Trends” shall not be responsible for:

 

  1. a) The services or goods provided by the Merchants to the buyers.

 

  1. b) The Merchant’s services or goods, not being up to Buyer expectations or leading to any loss, harm or damage to him/her;

 

  1. c) The availability or unavailability of certain items on the fashion designer/boutiques catalogue;

 

  1. d) The Merchant serving the incorrect Orders; or Product quality of goods provided by Merchants/fashion designers/boutique owners.

 

d). The details of the products and the price list made available on the Platform with respect to merchant/fashion designers/boutique owners services, goods or any other services are based on the information provided by the Merchants/fashion designers/boutique owners and “Try on Trends” shall not be responsible for any change or cancellation or unavailability.

 

e).  Buyers and Merchants agree and acknowledge that “Try on Trends” is not responsible for any liability arising out of delivery services provided merchant/fashion designers/boutique owners to them.

 

f). Buyers may not be able to avail Services if their delivery location is outside “Try on Trends” current scope of Service. “Try on Trends” will keep the Buyer informed of the same at the time of confirming his/her Order booking.

 

g). Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from Merchants. “Try on Trends” will not be responsible for any delivery/delay in the delivery of an Order.

 

h). Buyer understands that there are certain Merchants who undertake delivery of their goods and services to the Buyer and the Merchant may charge the Buyer for such service. “Try on Trends” exercises no control on such delivery services and same shall be under the control of Merchant alone and hence, all or any disputes; arising out of such delivery services shall be between Buyer and Merchant alone. “Try on Trends” shall not be responsible for such delivery services and assumes no liability for disputes arising out of the same.

 

i).   Buyer’s Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Buyer’s Order will be cancelled in the event of any change of the address as informed by the merchant/fashion designers/boutique owners and Buyer shall not be entitled to any refund for the same. Delivery of goods and services in the event of change of the delivery location shall be subject to acceptance by the merchants/fashion designers/boutique owners.

 

  1.   Services provided:

 

a).  You agree and acknowledge that “Try on Trends” shall not be liable for any damages, losses or claims to You or any third party in the event you have failed to adhere to the Terms of Use.

 

b).  Merchant/fashion designers/boutique owners shall be required to provide credit or debit card details to the approved payment gateways while making the payment/receiving on the Platform. In this regard, merchant/fashion designers/boutique owners agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Merchant//fashion designers/boutique owners shall not use the credit/ debit card which is not lawfully owned by merchant, i.e in any transaction, merchant must use his/her own credit/ debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Merchant shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

 

c).  We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.

If you use the Platform, you do the same at your own risk.

 

  1. OTHER TERMS AND CONDITIONS:

 

a). Communication from Tryon Trends: If you use our platform or services, “Try on Trends” may communicate with you via electronic messages, including e-mail, text messages/sms, mobile post notifications.   

 

b). Personal Information: Merchants will be required to share certain personal information with “Try on Trends” and/ or the buyer including, but not limited to their name, phone number/e-mail address in order to avail the services.  

 

c). Technical Requirements: Use of our platform services requires internet access through your device. You are responsible for all your mobile carrier data or text message charges, resulting from such usage. “Try on Trends” does not guarantee that the services/electronic services will compatible with all devices or will be supported by all mobile carriers  

 

d). Modifications of the Merchants Accounts/Services: “Try on Trends” reserves its right in its sole discretion to modify/remove/add or substitute, any or all the data/information/images or any aspect pertaining to the uploaded catalogue by the merchants, if found in appropriate or violative of the terms and conditions mentioned above.

 

e). The features/information/materials/all text, graphical content, video, data and other content made available on our platform by the merchant is his whole and sole responsibility; and “TRY ON TRENDS” is neither answerable nor responsible for any claims arising out of the data uploaded by the merchant as mentioned above.

 

f).  You hereby agree that at all times, this T & C shall be read in conjunction or independently as the situation/context warrants with the other terms and conditions of the “Try on Trends” policies.

 

g). Termination: Try on Trends may suspend your ability to use all, or any element of the platform’s services, or may terminate this agreement effective immediately; without notice, intimation or explanation, if we believe you to be in violation of any part of the “Try on Trends” T&C/policies. After suspension or termination, you may or may not be granted permission to use the plat form services or reestablish an account. You agree that “Try on Trends” shall not be liable to you for nay suspension or termination of this agreement or for any effect or termination of this agreement. You are always free to discontinue your use of the platform’s services at any time. You understand that any termination/discontinuation of your account may involve the deletion of any content stored in your account for which “Try on Trends” will have no liability whatsoever.

 

h). Liability Limitations: Except as expressly specified herein, in no event shall “Try on Trends” be liable for any injuries, losses, claims, or direct damages or any special, exemplary, punitive, incidental, or consequential damages of any kind, whether based on contract, tort, or otherwise, and even if advised of the possibility of such damages, which arise out of or are any way connected with (1) this T&C (including any changes thereto), (2) any use of the “Try on Trends” platforms, or the user content, (3) any failure or delay (including, but not limited to, the use or inability to use any component of any of the services). in addition, you specifically understand and agree that any third party directing you to “Try on Trends” by referral link or any other means is not liable to user for any reason whatsoever, including, but not limited to damages or loss associated with the use of services or the “Try on Tends” content. Tryon Trends is neither an agent nor associated with any third parties, except the merchants/fashion designers/boutique owners registered on the plat form.

 

i). Disclaimer of warranties. You understand that use of the “Try on Trends” services is at your own risk and “Try on Trends” cannot guarantee that its services will be uninterrupted or error-free. “Try on Trends” shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of “Try on Trends”.

 

J). Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by “Try on Trends”, and the terms and conditions may change accordingly.

 

17.General:

 

  1. a) 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 Platform. Only individuals who are 18 years of age or above may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and “Try on Trends” policies, you shall immediately discontinue its use. “Try on Trends” reserves the right to terminate your Membership and / or deny access to the platform, if it is brought to “Try on Trends” notice that you are under the age of 18 years.

 

  1. b) If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

 

  1. c) As we are providing services to select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available, or otherwise; suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so at your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules and guidelines.

 

  1. d) You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and “Try on Trends” policies to the attention of all such persons accessing the Platform on your computer or mobile device.

 

  1. e) You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

 

  1. f) You agree and grant permission to “Try on Trends” to receive promotional SMS and e-mails from “Try on Trends” or allied partners.

 

  1. g) By using the Platform, you represent and warrant that:

 

  1. i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information, basing upon which only Tryon
    Trends platform services is being permitted to be operated.

 

  1. ii) Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.

 

iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.

 

  1. iv)  All necessary licenses, consents, permissions and rights owned by you including Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any form that you submit, post, upload, distribute or otherwise transmit or make available are your exclusive responsibility and “Try on Trends” will not use/interfere or authenticate the same.

 

  1. v) You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

 

vi). You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.

 

vii). You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

 

viii) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

 

  1. ix) You will not discriminate against any Merchants, Buyers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event.

 

  1. x) You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

 

  1. xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

 

xii) You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:

 

  1. a) any part of the Platform or the Platform software; or

 

  1. b) any equipment or any network on which the Platform is stored or any equipment of any third party

 

xiii) You release and fully indemnify “Try on Trends” and/or any of its officers, representatives from any cost, damage, liability or other consequence, of any of the actions of the Users of the Platform; and specifically waive any claims, that you may have on this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, “Try on Trends” will not take any responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

 

  1. Access to the Platform, Accuracy and security

 

  1. a) We endeavour to make the Services available during Merchant working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

 

  1. b) We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or you obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

 

  1. c) We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

 

  1. d) We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

 

 

 

 

 

 

 

  1. Relationship with operators if the Platform is accessed on mobile devices

 

  1. a) In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an ” Operator”).

 

  1. b) Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the respective Operator/operators as applicable.

 

  1. c) You and we acknowledge that these Terms of Use are concluded between you and “Try on Trends” only, and not with an Operator, and we, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.

 

  1. d) The rights to use the Platform is on a non-transferable basis, on a mobile device; that you own or control and as permitted by these Terms of Use.

 

  1. e) We are solely responsible for providing maintenance and support services with regard to the “Platform” as required under applicable law. You and we understand, approve and acknowledge that “the Operator”, has no obligation, whatsoever; with regard to maintenance, support services or content of the Platform.

 

  1. f) You and we acknowledge that we, and not “The Operator”, are responsible for addressing any claims of you or any third party, relating to the Platform or your possession and/or use of the Platform, including, but not limited to:

 

(i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and

(ii) claims arising under consumer protection or similar legislation.

 

  1. g) You and we acknowledge that, in the event of any third- party claim, the Platform will not be solely responsible for the investigation, defence, settlement and discharge of any such claim, including but not limited to litigation in any court of law.

 

  1. h) You must comply with any applicable third-party terms of agreement when using the Platform (e.g.you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement, or as applicable and amended laws).

 

i). You and we acknowledge and agree that “The Operator”, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.

 

 

  1. Disclaimers:

 

  1. a) THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

 

  1. b) DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

 

  1. c) WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.

 

  1. d) YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES MIGHT BE AVAILABLE ON THE PLATFORM. WE MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / MERCHANT’S.

 

  1. e) “TRY ON TRENDS” DISCLAIMS, ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT

 

  1. f) WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

 

  1. g) THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

 

  1. h) WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

 

  1. i) IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Intellectual property

 

  1. a) We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.

 

  1. b) You recognize that “Try on Trends” is the registered owner of the word mark ‘“Try on Trends”’ and the logo  including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or “Try on Trends” or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same to us.

 

  1. c) You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.

 

  1. d) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  2. e) You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.

 

  1. f) If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

  1. Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

 

  1. Third Party Content
  2. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

 

  1. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and Privacy Policy may apply. By accessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

 

  1. Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deemed deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

 

25.Governing law and dispute resolution

 

1)  It is agreed to between the parties, that any dispute, disagreement with regard to the terms of this agreement, including but not limited to interpretation of any of clauses of this agreement, will be resolved by mutual amicable discussions in between the disputing parties.

 

2) In the event of failure to resolve the issues in between the disputing parties as mentioned above, the same to be referred to a common family friend/elder for mediation/conciliation approved and agreed upon by the parties.

 

3) These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Medchal Malkajgiri district- Telangana State, India.

 

  1. IP Notice and Take Down Policy

1) “Try on Trends” has put in place IP Notice and Take Down Policy (” Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

 

2) Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.       

  1. Note: “Try on Trends” does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products or services.
  1. Contact Us

contact.tryontrends@gmail.com

M/s Try on Trends

Plot No 80, H no 1-23-496

 Bhoodevinagar, Trimulgheery Post,

 Secunderabad 500015
Telangana, India

  1. Subscription Fee, Payment and Activation:

a). “Try on Trends” shall charge and You agree to pay such subscription fee, as may be determined by “Try on Trends” from time to time for using the services. You can use Credit Card, Debit Card, Net Banking, UPI and the other available third-party payment options that are available on the platform. The subscription shall be activated upon successful payment through the “Try on Trends” Platform. In case “Try on Trends” subscription is purchased along with an Order and if such Order is cancelled, then the membership shall also stand cancelled and the subscription amount will be refunded.

 

  1. b) The details regarding the subscription prices, time period/validity of the subscription, and services provided for the selected subscription are given in detail in the “Try on Trends” merchant app on the subscription page.

 

  1. c) On payment of subscription, you are entitled to access all the features and services on the App, as well as an individual webpage which will be provided to every merchant for their catalogue to be uploaded by the merchant.

d)Advertising and boost of the merchant’s profile are also available as an addon feature, which will be made available on payment basis; apart from the subscription amount. The price/prices applicable will differ on the packages opted by you, that are available on the app.  

  1. No Cancellation or Termination:
    “Try on Trends” membership once purchased, cannot be cancelled or Terminated in the effective period of the membership.
  1. Modification/ Cancellation of membership by “Try on Trends”
    “Try on Trends” may cancel or modify Your “Try on Trends” membership at its sole discretion without notice. If we do so, we will issue a prorated refund, based on the number of full months remaining in your “Try on Trends” membership. However, we will not give any refund for cancellation of “Try on Trends” membership related to conduct that we determine, in our sole discretion, violates these Terms, the Privacy Policy or any applicable law, or any conduct that we in our sole capacity decide involves fraud or misuse of the “Try on Trends” Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
  1. Important notice:
    These Terms are special terms and as such restricted to only Buyer Orders placed through “Try on Trends” and as such does not supersede the “Try on Trends” Terms of Use, unless specifically called out here. We reserve the right to modify these Terms at any time without notice posting changes on the Platform and you shall be responsible to update yourself of such changes, if any by accessing the changes on the Platform. Your continued usage of the services on the platform, after any change is posted constitutes your acceptance of the amendments.
  1. General Terms & Conditions:

  2. a) We reserve the right to accept or refuse membership at our sole discretion
  3. b) We may send you an email, or other communication related to “Try on Trends” Membership (regardless of any settings or preferences related to your “Try on Trends” account).
  4. c) You may not transfer or assign your “Try on Trends” Membership or any “Try on Trends” benefits, except as allowed in these Terms.
  5. d) From time to time, we may choose in our sole discretion to add or remove “Try on Trends” benefits.
  6. e) “Try on Trends” reserves the right to offer this “Try on Trends” membership in select cities, at its sole discretion.
  7. f) “Try on Trends” Membership feature is available only on the App.
  1. COUPONS/ DISCOUNTS

 

  1. a) “Try on Trends” or its admin, at its sole discretion without reference to any merchant will be entitled to generate discount coupon codes from time to time for the sole benefit of the buyer.

 

  1. b) If any merchant, is not willing/not inclined to use the discount coupon code as mentioned in clause (a) above; they are at liberty to contact ““Try on Trends”” and opt out. In such cases, the benefits related to the said discount coupon codes will not be applicable to the merchants who have opted out.

 

  1. c) Any merchant, intending to generate their own discount coupon codes to suit their business requirement, should contact ““Try on Trends”” for that additional service, which will provided on payment basis, at the sole discretion of ““Try on Trends”.

 

  1. d) The discount coupon code mentioned and opted by the merchant in clause ( c) above, will be applicable only to the said merchant alone who has opted for the generation of the discount coupon code and the said coupon would be valid only for a period agreed upon mutually between the merchant and “Try on Trends”.

e).

  1. i) There is no limit for a merchant to generate the type/variety of coupon codes.
  2. ii) The number of coupons under each “code” will be the sole option/discretion of the merchant.

iii) The price of the each “coupon code” will vary, depending on the number of coupons requested to be generated by the merchant under that particular “code”; which will be fixed/decided by the platform/admin at their sole discretion.

  1. iv) Coupon, generated under a particular “code”, can only be used once and will be only applicable for a “single order”.

v). Once, a coupon is applied for an order, and the same order has been cancelled due to any reason, the coupon cannot be used again and is deemed used.

 

  1. All disputes related to “Try on Trends” Membership will be subject to the exclusive jurisdiction of courts of Medchal-Malkajgiri district only.
    These Terms and Conditions are co-extensive and concurrent with “Try on Trends” other Terms and Conditions and the Privacy Policy listed on this Platform. As such, all other Terms and Conditions listed hereinbefore shall also be applicable to this “Try on Trends” Membership and the same need not be expressly repeated herein.
  1.   Notice and Take Down Policy Template and Procedures

 

  1. a) Reporting Instances of Intellectual Property Violations: To file a notice of infringement with “Try on Trends”, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer’s fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.

 

  1. b) To expedite our ability to process your request, please use the following format:

 

  1. i) Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;

 

  1. ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit “Try on Trends” to locate the material;

 

iii) Information reasonably sufficient to permit “Try on Trends” to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

 

  1. iv) The following mandatory statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law”;

 

  1. v) The following mandatory statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed”;

 

  1. vi) Sign the document with either your physical or electronic signature; and

 

vii) Send the written communication to: Email to contact.tryontrends@gmail.com

C).  Format of notice of infringement:

To,

Try on Trends

Represented by its sole proprietor

Sri. A.P.Keerti Sasank,

Office at Plot No.80, H.No. 23-496,

Bhoodevi Nagar, Trimulgheery post,

Secunderabad- 500 015

 

I, < >____________________________ of < > _________________________ do solemnly and sincerely declare as follows:

  1. I am the owner of certain intellectual property rights, said owner being named __________________ (” IP Owner”).
  2. I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner’s rights. Please expeditiously remove or disable access to the material claimed to be infringing.
  3. I may be contacted at:

Name____________________________________________________________________________

Designation/Title & Company_________________________________________________________

Postal Address (with Pin code) ________________________________________________________

Email Address (correspondence)_______________________________________________________

Telephone/Fax_____________________________________________________________________

I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed and I make this declaration conscientiously believing it to be true and correct.

Declared by < >______________________________

on < > ___________________________________ at < > ________

Truthfully,

Signature ________________________

(Important Note: (a) “Try on Trends” shall be unable to process requests which do not specify exact product IDs or URLs. Please do not provide links to browse pages or links of search queries as these pages are dynamic and their contents change with time. (b) “Try on Trends” shall not consider an incomplete request. (c) “Try on Trends” response to such request will include removing or disabling access to material claimed to be the subject of infringing activity. Pl visit www.tryontrends.com to go through the terms and conditions.

 

 

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