0. Other Terms

1. General
   1. Purple Panda Fashion Limited (“Clovia”, “we”, “our”, or “us”), owns and operates the website, mobile and/or tablet applications, clovia.com (collectively referred to as “Platform”), through which it inter alia facilitates the sale and purchase of various products listed and sold (“Product(s)”) at the indicated price at any time, to its customer (“Customer” or “User” or “Users” or “you” or “your”)
   2. These Terms and Conditions (“Terms” or “Terms and Conditions”) govern your usage, of the Platform, sale and purchase of the Products on the Platform, and rights and obligations arising by virtue of usage of any feature of the Platform. These Terms and Conditions form a binding agreement between Clovia and the Customer (“Agreement”) within the scope of Section 10A of the Information Technology Act, 2000 read with the Indian Contract Act, 1872.
   3. Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 (eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the Platform. If you are a minor, i.e., under the age of 18 years, you may use the Platform only with the involvement of a parent or guardian.
   4. Your access to the Platform, offers or promotions in relation to the Products, as may be provided by us or our affiliates, may be governed by other terms and conditions, policies, or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with such Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Product.
   5. These Terms and Conditions constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. The Terms and Conditions consists of terms and conditions for use of the Platform and sale of Products respectively. Please read these Terms and Conditions carefully before using or accessing the Platform. By using the Platform, you signify your agreement to be bound by these Terms. If you do not agree with the Terms, we advise you to not use or access the Platform.

2. Registration and Operation of your User Account

   1. In order to use the Platform, you will have to register on the Platform. Registration is a one-time process. You can register on the Platform by using your mobile number, via One Time Password verification via your mobile number.
   2. Your credentials such as name, email address, physical address, etc., shared by you at the time of registration are referred to as “Account Information”.
   3. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information up-to date and accurate. You can access and update the Account Information under ‘My Account’ section of the Website.
   4. You will: (a) immediately inform Clovia of any unauthorized usage of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. Should you choose to stay logged into the account, please protect your device(s) adequately with reasonable security measures. Clovia will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms. You may be held liable for any losses incurred to Clovia or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure, and confidential. We reserve the right to refuse access to the Platform, terminate accounts, remove, or edit content at any time without notice to you.

3. Promotional Communication And Opting Out

   1. You understand that once you have shared your Account Information and successfully registered on the Platform, you may receive SMS or email notifications from Clovia relating to your registration and transactions on the Platform.
   2. You may also receive such notifications regarding any marketing / promotional activities that may be available on the Platform from time to time. By sharing your Account Information and registering on the Platform and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
   3. Clovia may also send notifications and reminders with respect to the Products on the Platform. While Clovia endeavors to provide these notifications and reminders to you promptly, Clovia does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
   4. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from Clovia at any time by following the instructions set out in such communications.
   5. Please note all calls made by/to us are confidential in nature. However, the Users’ calls may be recorded and monitored to ensure quality of service and for training purposes.

4. License And Access To Platform

   1. Your use of the Platform, and access to Clovia Content (as defined below) is subject to a limited, revocable, and non-exclusive license which is granted to you when you register on the Website. You will use the Platform solely for the intended purpose.
   2. The license granted to you does not include a license for: (a) resale of Products or commercial use of the Platform or Clovia Content, (b) any collection and use of product listings, description, or prices, (c) any use of the Platform, other than as contemplated in these Terms, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Platform, (e) creating and/ or publishing your own database that features parts of the Platform.
   3. You grant to Clovia a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platform, including comments, or posts on social media without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Platform, including the execution of deeds and documents, at its request.
   4. Please note that Clovia at all times reserves the right to refuse your access to the Platform, terminate your license to use the Platform, terminate/deactivate your account, remove, or edit content on the Platform, at its sole discretion, without any prior notice.

5. Terms of Sale on the Platform

   1. Listing and display of Products by us on the Platform is our invitation to you to make an offer for purchase of such Products. Likewise, the placement of an order on the Platform by you is your offer to buy the Product(s) from us.
   2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail/SMS confirming receipt of your order and containing the details of your order (“Order Confirmation”). Upon receipt of Order Confirmation, the specifications of the Product may be changed subject to Clovia’s approval and availability of the Product, including its size, colour, etc. The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
   3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail/SMS confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to recall, refuse or cancel any order for any reason whatsoever including any findings by Clovia regarding the Order, before sending Shipment Confirmation to you.
   4. Your contract is with us, and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose.
   5. You can return or exchange the order any time after the item is delivered and is within the prescribed window of returns/exchange. Please refer to the Return Policy and Exchange Policy.
   6. All orders placed on the Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms.
   7. All orders will be executed only after realization of the payments as prescribed on the Platform.
   8. Any order may require additional cash payments towards delivery charges, as may be indicated on the Platform, over & above the offer price.
   9. Clovia may take any time, subject to stock availability and other such conditions pertinent to delivery.
   10. Clovia will not be liable for any form of fraud, inter alia telephone scams, credit card frauds etc., the liability of any fraudulent use of the card shall always be on the owner of the card.
   11. You represent and warrant that all details you provide to the Platform for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
   12. Products that may be made available on the Platform (including any discounted products during a sale and/or any other similar event) may change on a frequent basis. Clovia reserves the right to make changes to the Platform and/or its Products without prior notice to you.
   13. Availability of Products may not be indicated on each individual Product description.
   14. Some Products may be available only in limited quantities; therefore, Clovia cannot guarantee that a Product displayed earlier on the Platform may continue to be available upon subsequent visits.
   15. A Product may be out of stock temporarily, permanently, or otherwise discontinued from the Platform. When a Product is no longer available, Clovia will take commercially reasonable measures to remove it from the Platform listing, within a reasonable period of time.
   16. In the event, you have ordered any Products that are not in stock at Clovia, we will issue the charged amount back as credit to your wallet which you can use to order other available Products.
   17. Discount vouchers can never be redeemed for cash, and you should refer to any Additional Terms as may be prescribed by Clovia, as may be applicable to each discount - voucher. Any complaint(s) without exhausting the requisite procedure for availing the facilities against a voucher, as provided for in the voucher terms, shall not be entertained.

6. Personal Information

1. During the course of your registration and usage of the Platform, Clovia may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details, body sizes, and other related information etc.
2. Clovia respects the sensitivity of the information about you, and we appreciate your trust in us. In this regard, Clovia has formulated the Privacy Policy, which shall be deemed to be included in these Terms, setting out the manner in which your information is collected, stored, processed, used, and disclosed. If you do not agree with the terms of our Privacy Policy, we advise you to not use or access the Platform.

7. Content On Platform

1. All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement, and assembly of the content on the Platform are the property of Clovia or its affiliates (“Clovia Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to Clovia whether or not displayed on the Platform, are proprietary to Clovia.
2. Clovia may display on the Platform, any third-party logos, trade names, trademarks of other brands, as per the license granted to Clovia by such brands.
3. No information, content or material from the Platform (including the Clovia Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without our express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Clovia and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Clovia’s or its affiliates’ names or trademarks without the express written consent of Clovia and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms.

8. Disclaimers

1. Clovia will try to make access to and use of the Platform error-free and without interruptions. However, your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on the Platform.
2. Clovia does not take responsibility for any access or usage problems that may arise from internet related issues at your end.
3. The Platform may contain user generated content which Clovia does not pre-screen, and which contains views that may be opinions of users/ experts. Clovia will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms). Clovia does not promise that the user generated content on the Platform are accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
4. To help you in identifying the Products of your choice, description of the Products are provided on the Platform through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Products, with the actual Product which is ultimately delivered to you. The appearance/color /fit of the Products when delivered may differ for various reasons.
5. The Products included on the Platform are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing.
6. Clovia does not covenant or provide any representations and warranties:
1. in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on the Platform;
2. that the Products will be made available at all times;
3. that the operation of the Platform, including the functions contained in any content, information and materials on the Platform or any third-party sites or services linked to the Platform will be uninterrupted, or that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components; and
4. that Clovia Content available on the Platform are complete, true, accurate or non-misleading.
7. To the extent permitted by applicable law, Clovia disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of Products, or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the Platform.
8. Clovia is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.
9. Clovia does not warrant that the Platform will be compatible with all hardware and software which is used by the User.
10. While we attempt to provide you error free and smooth experience, in case of an inadvertent error there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the Products, pricing, promotions, offers, shipping charges, transit times and availability. Clovia reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice.
11. The offers, discounts and other promotional offers displayed in other advertisements may vary for the customers based on factors relating to the customer such as usage of the Platform, volume of transactions, time spent on the Platform, city, place of residence, time, etc.
12. We always strive hard to provide the best experience for our customers on the Platform. To ensure that all customers use the Platform in good faith, we keep track of customer behavior which includes maintaining order history and other details relating to the manner of use of the Platform. In the event of any abuse of the Platform or the policies, which include excessive returns or refusal to accept shipments which are not otherwise wrong or defective, actions such as levying a service fee, discontinuing cash on delivery options, etc. may be undertaken to address such issues. Customers whose profiles indicate high volumes of valid transactions on the Platform may be offered benefits by Clovia, from time to time, based on their discretion and policies.

9. User Warranties And Restrictions

1. You represent and warrant that: (a) your use of the Platform will not violate any applicable law or regulation; (b) all information that is submitted to Clovia in connection with the Platform is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Clovia policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, Clovia will have the right to reject registration, cancel all orders, and restrict you from using the Platform in the future without any prior intimation whatsoever. You agree to indemnify Clovia and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
2. The Products available on the Platform, and the samples, if any, that Clovia may provide you, are for your personal use only. The Products, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.
3. You will not do any of the following:
1. Delete or modify any content on the Platform, such as any information regarding the Products, their performance, sales or pricing;
2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Platform;
3. Make false or malicious statements against the Products, the Platform or Clovia;
4. Post, copy, 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 disrupt or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform;
5. Introduce any trojans, viruses, any other malicious software, any bots or scrape the Platform for any information;
6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
7. Hack into or introduce malicious software of any kind onto the Platform;
8. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Products are stored, or any other server, computer, or database connected to the Products; or
9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
4. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing on or through the Platform, any information that:
1. belongs to another person and to which You do not have any right;
2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
3. harms minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonates or defames another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
9. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, 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.

10. Indemnification And Limitation Of Liability

1. You agree to indemnify, defend and hold harmless Clovia, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform, violation of these Terms of Use, or infringement of any intellectual property or other rights of Clovia or any third-party. Clovia will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Clovia with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
2. To the fullest extent permitted by law, in no event shall Clovia or any of its directors, officers, employees, agents or content or service providers (collectively, the “Clovia Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, provision of information via the Platform, lost business, even if such Clovia Representatives have been advised of the possibility of such damages.
3. In no event shall Clovia Representatives be liable for:
1. the use or inability to use or access the Platform;
2. any content posted, transmitted, the Platform, or received by or on behalf of any user or other person on or through Clovia;
3. any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
4. any other matter relating to the Platform.
4. Clovia is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. Clovia is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform.
5. None of the directors, officials or employees of Clovia shall be personally liable for any action in connection with Clovia or the Platform.

11. Access Outside The Republic Of India

1. Clovia makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Any users who use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
12. Term And Termination
1. These Terms of Use shall be effective from the date of their publication on the Platform.
2. Clovia reserves the right to terminate your access to the Platform in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by you or if Clovia is unable to verify or authenticate any information submitted by you.
3. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Platform. However, any such termination shall not cancel your obligation to pay for a Product purchased on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

13. Force Majeure

1. Clovia will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Clovia’s reasonable control.
14. Waiver
1. No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Clovia. Any consent by Clovia to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
15. Severability
1. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
16. Grievance Redressal

1. Name : Mr. Abhay Batra

   E-mail ID : [email protected]

17. GOVERNING LAW AND DISPUTE RESOLUTION
1. These Terms, all transactions consummated between Clovia and you, and the relationship between Clovia and you are governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction of the courts at Mumbai.
18. Amendment
1. These Terms and Conditions supersede all previous oral and written terms and conditions (if any) communicated to you by Clovia, for the use of the Platform, and the rights and liabilities with respect to any services to be provided by Clovia shall be limited to the scope of these Terms.
2. These Terms are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms and Conditions as available on the Platform. Your relationship with Clovia will be governed by the most current version of these Terms, as published on the Platform.
19. Third Party Terms And Conditions
1. In addition to these Terms, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Platform. You agree that Clovia will not be liable for any transaction between itself and any such third parties.

1. Nodal Officer

1. Name : Mr. Abhay Batra

   E-mail ID : [email protected]
   
   

2. Customer Support Team
   
   Any queries or concerns relating to the fees and payments may be directed by you to our customer support team who can be contacted at:
   
   Contact Details:
   
   Customer Support Email – [email protected]
   
   Customer Care Number – 0120-4842200, Timings -9:30 AM to 7:30 PM