October 30, 2015
TERMS AND CONDITIONS FOR USE OF WEBSITE
Vitastaa Online Services Private Limited is a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter referred to as the “Company”) and having its registered office at Uma Maheshwari Complex, No. 1677, 22ndCross, 27thMain Road, HSR Layout, 2ndSector, Bangalore-560102. elanstreet.com(“Website”) is an internet-based content and e-commerce portal and specializes in the offer and sale of various products and services.
This Agreement for the Terms and Conditions of use (“Terms”) of the Company’s website (hereinafter referred to as “Agreement”) describes certain terms and conditions to access and use the website of the Company by a visitor or a registered User and to avail its services.
In these Terms, references to “you” and “User” shall mean the end user accessing the Website, its contents and using the services offered through the Website. “We”, “us” and “our” shall mean the Company, its franchisor, affiliates and partners.
Please read the following terms and conditions carefully as your use of the service is subject to your acceptance of and compliance with the following terms and conditions. Accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions under these Terms, so please read the terms carefully before proceeding.
By subscribing to or using any of our services, you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
The Company shall not be required to notify you, whether as a registered User or not, of any changes made to the Terms. The revised Terms shall be made available on the Website. Your use of the Website and the services are subject to the most current version of the Terms made available on the Website at the time of use. You are requested to regularly visit the home page elanstreet.com to view the most current Terms. You can determine when the Company last modified the Terms by referring to the “Last Updated” legend above. It shall be your duty to check these Terms periodically for changes.
The Company may require you to provide your consent to the updated Terms in a specified manner prior to any further use of the Website and the services is provided on the Website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms, will constitute your implied acceptance of those changes.
At the time of purchasing a product or service, as a registered User, certain additional terms and conditions of such purchase will apply to you. You are required to refer to those terms and conditions before you purchase a product or a service.
2. Interpretation of Number and Genders:
The Terms herein shall be understood to apply equally to both the singular and plural form of the Terms defined. Wherever the context may require, a pronoun shall include the corresponding masculine and feminine form. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
3. Services Offered:
elanstreet.com is an online platform that facilitates sale and purchase of products and services offered by the Company, its various affiliates, registered merchants, vendors and service providers. We make various services available on and through the Website including personalized recommendations and style advice for personal clothing and accessories, along with other services and features we deem relevant.
We reserve the sole right to either modify or discontinue any service associated with the Website, including any of the Website’s features, at any time with or without notice to you. You agree that we will not be liable to you or any third party should we exercise such right at any time. You also agree that any new features that enhance the then-current services on the Website shall also be subject to the Terms.
4. User Information:
In order to ascertain and better serve the needs and requirements of the User, the styling service providers of the Company will need access to certain pertinent information about the User. The User will, at the time of subscription, be asked certain questions regarding lifestyle as well as personal data such as age, gender, height, weight, skintone, profession and others.
This information will be stored by the Website in order to provide personalised service and will only be shared with the styling service provider when chosen by the User. You agree to share all such information including those on the User Profile with the styling service provider.
5. Eligibility to Use:
Use of the Website is available only to persons who can form legally-binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on website, such use or transaction may be made by your parent or legal guardian on the Website. The Company reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to the Company’s notice or if it is discovered that you are under the age of 18 years.
You represent that you are of legal age to form a binding contract and are not a person disqualified from receiving services under the laws in India. The Company reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so. Further, you shall not have more than one active Account on the website and you are prohibited from selling, trading, or otherwise transferring your Account to another person.
6. User Account, Password and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure to comply with these requirements.
You shall ensure that the Account Information provided by you in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the services is expressly prohibited by the Company.
If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Website (or any portion thereof).
7. Channel Subscription:
By providing your data, you agree to be communicated by us via postal mail, e-mail and/or text message (SMS) to facilitate your navigation of and benefit from the website. We may communicate promotional offers periodically or as and when required.
8. Limited Use:
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Any reproduction, copying of the content for commercial or non-commercial purposes or unwarranted modification of data and information within the content of the Website is prohibited.
9. User Conduct and Rules:
You agree and undertake to use the Website and the services only to post and upload information and material that is proper. As an example, and not as a limitation, you agree and undertake that while using a service, you will not:
a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
b) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful subject, name, material or information;
c) Upload grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous material or invade another's privacy, or spread hateful, racially or ethnically objectionable, disparaging material, or relating to or encouraging money laundering or gambling;
d) Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
e) Upload or distribute files that are corrupted or that contain viruses or any other similar software or programs that may damage the operation of the Website or another’s computer;
f) Conduct or forward surveys, contests, pyramid schemes or chain letters;
g) Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
h) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
i) Violate any code of conduct or other terms, conditions or guidelines, which may be applicable for or to any particular service;
j) Violate any applicable laws or regulations for the time being in force in or outside India;
k) Violate any of the Terms and Conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein;
l) Exploit any of the services. The Company might refuse any of our services, terminate accounts, and/or cancel orders at our discretion including if we believe that a User’s conduct violates applicable law or is harmful to our interests; and
m) Make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement and/or comment about the Website or the Company its associates, partners and its directors on any property owned by the Company.
n) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or insult any other nation.
10. Intellectual Property Rights:
Unless otherwise stated or anything contained to the contrary, any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to and in the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to the Company without obtaining authorization from the Company.
You acknowledge and agree that you have no proprietary interest, performer’s rights, copyright, or any other intellectual property right in any account details, photographs uploaded, other content on the Website, or any other materials appearing in or generated by the use of the services. You further assure us that any such account details, photographs or other content provide by you are copyright free and do not infringe the intellectual property rights or privacy rights of any third party.
11. Links to Third Party Sites:
The Website may contain links to other websites (“Linked Websites”).The Linked Websites are not under the control of the Company or the Website and the Company will not be responsible for the contents of any Linked Website, including without limitation, any link contained in a Linked Website, or any modifications or updates to a Linked Website. The Company is not responsible for any form of communication or transmission, whatsoever, received by you from any Linked Website. The Company is providing these links to you only as a convenience, and the presence of any link does not imply endorsement by the Company or the Website of the Linked Websites or any association with its operators, owners or any other person. Users are requested to verify the accuracy of all information on their own before relying on such information.
12. Third Party Content:
The Website may make available, general third-party information such as, product catalogues, lists of authorized dealers, entertainment articles, technology and features, advertisements including videos, images and photographs of the products and other information from external sources (“Third Party Content”). Similar Third Party Content would also be available to you through e-mails received by you from the Company. The provision of Third Party Content is only for general informational purposes. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. The Company does not provide any guarantee with respect to any the Third Party Content and the Company shall not be held liable for any loss suffered by you due to your reliance on or use of such data.
13. Disclaimer of Warranties and Limitation of Liability:
The Company has sought to ensure that all the information on the Website is correct but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services;(b) unauthorized access to or alteration of the User’s communications or data;(c) any other matter relating to the services, including damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or the services.
The Company shall not be responsible for any delay or inability to use the Website or related services, the provision of or failure to provide any service, or for any information, software, products, services and related graphics obtained through the Website, or otherwise whether based on contract, tort, negligence or strict liability. Further, the Company shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access of the Website that may occur due to technical reasons or for any reason beyond the Company’s control.
You understand and agree that any material and/or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and you will be responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.
If you are a User of the tablet or mobile application of the Website (“App”), you are expected to update the App on a regular basis, so that you may avail the latest services and are duly aware of any change(s) in the Company’s policy. In the event of failure to update the App, as and when available, you understand and agree that the Company shall not be liable in any manner whatsoever.
The Company shall not be responsible for and disclaims all liability for any loss, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever, which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, your personal information or material and information communicated over our system. In particular, neither the Website, the Company nor any other third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information or the communication thereof, or for any actions taken in reliance thereon or by reason of non-performance, interruption, or termination thereof.
You agree to indemnify, defend and hold harmless the Company including its directors, officers, employees, partners, suppliers and service providers from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Further, you agree to hold the Company harmless against any claims made by any third party due to, or arising out of, or in connection with your use of the Website, or any claim that your material caused damage or loss to a third party, or your violation of the Terms, your violation of any rights of another, including any intellectual property rights.
In no event shall the Company, its directors, officers, employees, partners, suppliers or service providers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Website, services or materials.
Prices for all products or services are described on our Website and are incorporated into these Terms by reference. All prices are in Indian Rupees (INR or₹) unless expressly stated otherwise. Prices, products and services may change at the Company’s sole discretion.
You agree to provide correct and accurate credit/debit card details to the approved payment gateway for availing services on the Website. You shall not use credit/ debit cards which are not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verification or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card.
The Company may suspend or terminate your use of the Website or any service if it believes, in its sole and absolute discretion, that you have breached any of the Terms.
You shall be liable to pay for any product or service that you have already ordered until the time of Termination by either party. The Terms will continue to apply until terminated by either you or the Company as set henceforth. If you want to terminate your agreement with the Company you may do so by (i) not accessing the Website; or (ii) closing your accounts for all of the services that you use, where this option had been made available to you by the Company.
The Company may also terminate or suspend all or a portion of your account or access to the services with or without assigning any reason. Except as may be set forth in any additional terms applicable to a particular service, termination of your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of all your material and Account Information, including your personal information, login ID and password, and all related information, files and materials associated with or contained in your account (or any part thereof); and (iii) barring of your further use of the services.
You agree that all terminations shall be made at the Company’s sole discretion and that the Company shall not be liable to you or any third party for the termination of your Account (and accompanying deletion of your Account Information), or your access to the Website and services.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until the Company chooses to terminate them.
17. Governing Law:
These terms and all transactions entered into on or through the Website and the relationship between you and the Company shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore (Bengaluru), Karnataka and you hereby accede to and accept the jurisdiction of such courts.
The headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Websites in any manner whatsoever.
If any provision of the Terms is determined to be invalid or unenforceable either in whole or in part, such invalidity or unenforceability shall be deemed to be severable and will not affect the validity and enforceability of any remaining terms and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
20. Report Abuse:
Users are solely responsible for the material and content they upload on the Website. The Company does not review in any manner the material uploaded on the Website. The Company neither verifies, endorses nor otherwise vouches for the contents of any User or any content generally posted or uploaded on to the Website. A User may be held legally liable for the content uploaded and can be held legally accountable if the content or material includes any defamatory comment or any material protected by copyright, trademark, etc. If you are aware of any abuse or violation of these Terms or if you come across any objectionable content on the Website, kindly report [email protected]
21. Participation in Promotions:
From time to time, the Website may include certain offers of featured brands, products or events. You may feel free to enter into correspondence with or participate in promotions of any advertisers displaying their products on the Website (“Advertisers”). Any and all such correspondence of promotions, including the delivery of, and the payment for, goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are between you and the Advertiser.
You agree that the Company shall have no liability, obligation or responsibility for any aspect of your correspondence or transactions in case of any default on the part of the Advertiser. Further, you also affirm that the inclusion of an advertisement on the Website does not constitute endorsement by the Company of any offer or promotion associated with that advertisement, nor does it constitute endorsement of any Advertiser/entity associated with or responsible for the advertisement. You assume all risks associated with any correspondence or transaction with the Advertiser.
22. Conflict of Terms:
If there is a conflict or contradiction between the provisions of these Website Terms and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or part of the Website shall prevail in respect of your use of the relevant section or part of the Website.
The Company is not responsible for any unsatisfactory or delayed performance of services towards the end user.
You agree to release and indemnify the Company and/or any of its directors, officers, employees and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, the Company cannot assume responsibility or control the information provided by other Users which is made available on the Website. In the event that you find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive, you may report it to us. Please use caution and practice safe measures when using the Website.
23. Manipulating Website:
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You shall not attempt to probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, 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 Website.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or communication you send to us on or through the Website or any service offered on or through the Website. You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You shall not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and/ or others.
You shall not engage in advertising, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not initiate or pass on any chain letters or unsolicited commercials and/or junk mail to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or with the intention to contact, advertise, solicit, or sell to another person other than us without our prior authorization.
We reserve the right to restrict the number of messages, e-mails or any other communications which a User may send to other Users in any 24-hour period which we deem inappropriate in our sole discretion. You understand and agree that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as is necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, the disclosure of information in connection with any 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 is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
24. Feedback and Information:
Any feedback you provide to the Website shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of you or of any third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Company may already have something similar to the feedback under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from the Company for the feedback provided under any circumstances.
25. Contact Us:
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website on [email protected]
26. Grievance Officer:
In accordance with Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011, the name and contact details of the Grievance Officer are provided below:
• Name: Mr. Venubabu Vulasa
• Designation: Vice President -Operations
• Address: UMC,No.1677,22nd Cross,27th main road, HSR layout ,Bangalore-560102
• Telephone: +918069403500
• Toll Free No.- 18004190412
• E-mail: [email protected]
We view protection of your privacy as a very important principle. We understand clearly that you and your Personal Information are our most important assets. We store and process your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act, 2000 and Rules there under. If you object to your Information being transferred or used in this way please do not use the Website.
28. International Use:
Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside India or that the Website complies with any country’s privacy laws. Accessing the Website or materials from territories where the content is deemed illegal is prohibited. If you access the Website from locations outside the India, you do soon your own initiative and are responsible for compliance with the local laws. Any offer for any product, service, and/or information made in connection with the Website is void where prohibited.
All notices to a party shall be in writing and shall be made either via e-mail or via conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected] by e-mail, or toVitaasta Online Services Private Limited, Uma Maheshwari Complex, No. 1677, 22ndCross, 27thMain Road, HSR Layout, 2ndSector, Bangalore-560102 if by postal mail. Notices to you may be sent to the address supplied by you as part of your data provided by you at the time of registration. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
30. Sharing your Personal Information:
We do not sell, trade, or rent Users personal identification information to other parties. We may at times share generic aggregated demographic information not linked to any personal identification information in relation to, visitors and Users with our business partners, trusted affiliates and advertisers for business purposes and to serve you better.
32. Google AdSense: