CREATIFJUCTION – TERMS OF USE

Welcome to Creatifjunction. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) 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 Creatifjunction marketplace platform – www.creatifjunction.com (hereinafter referred to as “Platform”)
Your use of the Creatifjunction and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Creatifjunction including the applicable policies which are incorporated herein by way of reference. By mere use of the Creatifjunction, You shall be contracting with CreatifjunctionDesigns Private Limited, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Creatifjunction.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “Creatifjunction”,”We”,”Us”,”Our” shall mean Creatifjunction Designs Private Limited and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by creatifjunction Policies including but not limited to Privacy Policy as amended from time to time.

1. User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.

You agree to

immediately notify Creatifjunction of any unauthorized use / breach of your password or account and

ensure that you exit from your account at the end of each session.

2. Services Offered:
Creatifjunction provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Creatifjunction does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

3. Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for their transactions on the Platform. Creatifjunction is not and cannot be a party to or control in any manner any transaction between the Creatifjunction’s Users. Henceforward:

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Creatifjunction 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 Buyers and Sellers.

Creatifjunction does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.

Creatifjunction is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Creatifjunction cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.

At no time shall Creatifjunction hold any right, title or interest over the products nor shall Creatifjunction have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.

The Creatifjunction is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Creatifjunction is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Creatifjunction hold any any right, title or interest over the products nor shall Creatifjunction have any obligations or liabilities in respect of such contract. Creatifjunction is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

You release and indemnify Creatifjunction and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Creatifjunction and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Creatifjunction cannot take responsibility or control the information provided by other Users which is made available on the Platform.

4. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:

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

belongs to another person and to which You do not have any right to;

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

is misleading in any way;

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

promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

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;

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

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

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

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;

interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;

infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

violates any law for the time being in force;

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

shall not be false, inaccurate or misleading;

shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of creatifjunction.

You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads creatifjunction by sharing multiple address and phone numbers or transacting with malafide intentions.

We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the creatifjunction on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.

The Content posted does not necessarily reflect creatifjunction views. In no event shall creatifjunction 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.

Creatifjunction hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. creatifjunction Return & Exchange Policy offers You the option to return or exchange items purchased on Creatifjunction within thirty (30) days of the receipt. In case of return of the purchased item, please refer to the “Return Policy” on our Creatifjunction.

5. Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and creatifjunction has no control over such third party user generated content as creatifjunction is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You

do not remove any proprietary notice language in all copies of such documents,

use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,

make no modifications to any such information, and

do not make any additional representations or warranties relating to such documents.

6. Privacy:
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. We may share personal information with our other corporate entities and affiliates.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. We have developed this Privacy Policy to protect Your personal/financial information and keep it confidential. By visiting Our creatifjunction, you are accepting and consenting to the practices described in this Privacy Policies. The following Privacy Policy and Cookie Policy outlines the information we may process and how we may use that information to better serve you while using our Creatifjunction.

Correspondence Information. Following are the various Correspondence Information which You provide when You access/register for Our Service includes:

Children under the age of 18: Use of the Platform 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 Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on Creatifjunction, such use or transaction may be made by your legal guardian or parents on the Platform.

Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.

Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised that creatifjunction ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS).

Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by Creatifjunction for purposes of tax or regulatory compliance.

Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our creatifjunction.

User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by you in relation to our Services.

Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.

Shared Information: What types of information are not allowed on Platform?

Nudity or other sexually suggestive content

Hate speech, credible threats or direct attacks on an individual or group

Content that contains self-harm or excessive violence

Fake or impostor profiles

Spam

Technical and functional management of the Platform. When you use our Platform, we also process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Platform, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Platform.

Operational Use. We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Platform. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Platform.

Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.

Applicable law and procedure. We collect and store your Correspondence Information to: (a) comply with our obligations under law; and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.

Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Platform is at your own risk. We recommend that you do not disclose your password to anyone.

Cookie Policy. A cookie is a small text file that we place on your mobile device to enable various features of creatifjunction. “Cookies” are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie. If you do accept a “cookie”, you thereby agree to our use of any Personal Information collected by us using that Cookie.Whenever creatifjunction uses a third party to host and serve content, we may arrange for a common identifier to be shared between the third party and creatifjunction in order to enable accurate measurement of traffic and usage. This includes but is not limited to the use of AMP Client IDs in Google Analytics for Accelerated Mobile Pages served by Google on creatifjunction’s behalf.

Third Party. At times We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.

We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.

7. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, creatifjunction does not warrant that: Platform will be constantly available, or available at all; or The information on Platform is complete, true, accurate or non-misleading.

All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

 

1. The online Offer is open and valid for all the registered MSG’s, permanently residing in India, and above the age of 18 years as on the start date of the sale.

2. The Offer is subject to changes, at the absolute discretion of the participating seller/s.

3. The Offer will only applicable to the selected styles in the linked catalogue.

4. Any coupons issued by creatifjunction and/or on behalf of the participating seller/s or obtained otherwise will be disabled during this Offer.

5. You shall ensure that the mobile number(s), e-mail address and/or other details provided by You to creatifjunction are true, accurate and in use, at the time of the online retail transaction. Any liability, consequence or claim arising on account of any incorrect or outdated information provided by the end customer to, same shall solely be borne by the affected end customer. creatifjunction shall not be liable to verify the accuracy and/or correctness of the information so provided by such customer.

6. Customers are advised to check the serviceability with the area pin code before placing any order on the Platform.

7. Extra VAT may apply in addition to the unit sale price on certain products, but the final inclusive price will not exceed the ‘M.R.P.’

8. The images of the products shown are for visual representation only and may vary from the actual product.

9. Customers are responsible for maintaining the confidentiality of their mobile phones, e-mail accounts and passwords.

10. The prices of the product may vary during and after the Offer is over. Thereby creatifjunction shall not be held liable for such difference in the price of the product as they are offered by the participating seller/s.

11. Product warranty shall be regulated by the terms and conditions mentioned on the warranty card of respective products and creatifjunction shall not be liable or responsible to the customer in for any indirect or consequential loss or damage.

12. This Offer cannot be combined with any other online offer on creatifjunction sponsored and/or offered by the participating seller/s.

13. The balance amount, after the discount has been availed, will have to be paid by the customer at the time of purchase.

14. This Offer is applicable on Cash on delivery or Card on Delivery feature is not valid. This Offer shall not be settled with cash in lieu by creatifjunction or the seller.

15. Creatifjunction Return & Exchange Policy offers you the option to return or exchange items purchased on Creatifjunction Mobile App within thirty (30) days of the receipt. In case of return of the purchased item, please refer to the ‘Return Policy’ on our website or write to returns@creatifjunction.com.

16. Orders may be split into separate shipments depending upon the products ordered for, despite the customer having made one single consolidated payment against one order ID. Separate shipments, after being split, shall have separate expected delivery period.

17. By participating in this Offer, all eligible customer agree to be bound by these ‘Terms and Conditions’, the ‘Terms of Use’, ‘Privacy Policy’ and other relevant documentation that are available on creatifjunction including any modifications, alterations or updates that may be made either by creatifjunction or the participating seller/s. creatifjunction shall not be liable or responsible to the customer in for any indirect or consequential loss or damage.

18. Participating seller/s and/or creatifjunction reserves the right to amend, modify, cancel, update or withdraw this Offer at any time without notice. Upon such premature suspension, inconvenience, cessation, withdrawal, termination or closure of the Offer, no person shall be entitled to claim loss of any kind whatsoever.

19. Creatifjunction reserves the right, in its sole discretion, to disqualify any customer that tampers or attempts to tamper with the deals/ offers or violates these ‘Terms and Conditions’ or acts in a disruptive manner.

20. If Creatifjunction has suspicion or knowledge, that any customer has been involved in any fraudulent or illegal activity directly or indirectly and/or is using the platform to order products not for his/her direct usage during or after the Offer, then Creatifjunction reserves the right to disqualify that customer and any related customer.

21. Creatifjunction shall not be responsible if some purchase is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the end customer and the network operator without involving Creatifjunction.

22. Creatifjunction shall not be liable for any loss or damage due to Act of God, Governmental actions, force majeure circumstances, or any other reason beyond its control, and shall not be liable to pay any monetary compensation or otherwise for the same.