The terms and conditions as set out herein (“Terms”) constitute an agreement between Indus Cloud, having its registered office at RZD 13 A, Mahavir Vihar Dwarka Sector 01, New Delhi 110045, India (“we”, “us” or “our”), which operates the https://www.induscloud.co.in/ (defined below) and a natural or legal person who accesses and/or uses Indus Cloud Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on Indus Cloud Platform (“Service(s)”), as updated from time to time.
By using the Indus Cloud Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Indus Cloud Platform. If you have any questions about the terms, please contact at info.induscloud@gmail.com. Please note that your access to the Services, other platforms or utilisation of Products (defined below), 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 any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Indus Cloud Platform and transaction or dealings thereon.
For the purposes of these Terms: (a) “Indus Cloud Platform” means the https://www.induscloud.co.in/, which include its corresponding mobile application/wallet/ website/tablet/desktop or any other digital mode and/or operating system as provided by us, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by us; (b) “Products” shall mean, Women’s Intimate Wear including Slipper, Bras, Panties, Sleepwear, Activewear, Shapewear, and other products including Beauty, & Accessories, offered for sale to you on the Indus Cloud Platform; and (c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the Indus Cloud Platform and for purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF Indus Cloud PLATFORM
- GENERAL
1.1 The terms and conditions for usage of the Indus Cloud Platform as set out herein (“Terms of Use”) specifically govern your access and use of the Indus Cloud Platform, which provides a forum for you to inter alia enable you to discover, select and buy Products listed on Indus Cloud Platform at the indicated price at any time, from the locations serviceable by us.
1.2 Please note that we may from time to time change the Terms of Use that govern your use of the Indus Cloud Platform. Every time you wish to use our Indus Cloud Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Indus Cloud Platform or suspend the operation of the Indus Cloud Platform for support or maintenance work, in order to update the content or for any other reason, at any time.
1.3 Any accessing, browsing, or otherwise using the Indus Cloud Platform indicates your agreement to these Terms of Use, the Privacy policy of Indus Cloud Platform and any other policies or guidelines that may be applicable on the Indus Cloud Platform at the time of your access and usage of the Indus Cloud Platform and which may be updated from time to time (collectively, the “Agreement”).
1.4 This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5 We authorise you to view and access the Indus Cloud Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, therefore, grant you a limited, revocable permission to access and use the Services. - REGISTRATION OF YOUR ACCOUNT
2.1 In order to purchase Products on the Indus Cloud Platform and/or avail the Services, you will have to register on the Indus Cloud Platform. Registration is a one-time process based on successful Email/Mobile OTP (One Time Password) verification and you will be eligible to further access and avail the Services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.
2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Indus Cloud Platform and for restricting access to your laptop/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
2.3 You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Indus Cloud Platform, terminate accounts, remove or edit content at any time without notice to you. - COMMUNICATION AND UNSUBSCRIPTION
3.1 By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS, to the mobile phone number provided by you. By accessing and using the Indus Cloud Platform and/ or verifying your contact number with us, you explicitly consent to receive such 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,
3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications. - DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
4.1 We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of this Indus Cloud Platform is correct at the time of inclusion on the Indus Cloud Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
4.2 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Indus Cloud Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Indus Cloud Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or Indus Cloud upon, this website, the Information, or any third-party website linked to this Indus Cloud Platform. We are not responsible for the content of any third-party sites and do 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.
4.3 As means to assist the users in identifying the Products of their choice, we provide visual representations on the Indus Cloud Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.
4.4 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
4.5 We do not covenant or provide any representations and warranties:
4.5.1 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 Indus Cloud Platform;
4.5.2 that the Services will be made available at all times; and
4.5.3 that the operation of Indus Cloud Platform, including the functions contained in any content, information and materials on Indus Cloud Platform or any third-party sites or services linked to Indus Cloud Platform will be uninterrupted, or that the defects will be rectified, or that Indus Cloud Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
4.6 Disclaimer -To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim 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, unauthorised access, theft, destruction, alteration or use of records on the Indus Cloud Platform. - AVAILIBILITY AND ACCESIBILITY OF INDUS CLOUD PLATFORM
5.1 We control and operate this Indus Cloud Platform from India and makes no representation that the materials and the content available on the Indus Cloud Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Indus Cloud Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use 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.
5.2 We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the Indus Cloud Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Indus Cloud Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds. - THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
6.1 In your use of Indus Cloud Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Indus Cloud Platform or access any other third-party website linked to the Indus Cloud Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party. - COPYRIGHTS IN INDUS CLOUD CONTENT
7.1 The Indus Cloud Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights (“Indus Cloud Content”). All copyright and other intellectual property rights in the Indus Cloud Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the Indus Cloud Content as part of Indus Cloud Platform. We retain copyright on all Information, including text, graphics and sound and all trademarks displayed on the Indus Cloud Platform are either owned by or licensed to us.
7.2 You may use and display the Indus Cloud Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us when you register on the Indus Cloud Platform, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with our Return and Refund Policy and for using and printing copies of the information on the Indus Cloud Platform for your personal use and store the files on your computer for personal use only and not for business purposes..
7.3 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at info.induscloud@gmail.com. and let us know of your concerns.. - TRADEMARKS
All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service. - USER WARRANTIES AND RESTRICTIONS
9.1 You represent and warrant that: (a) your use of Indus Cloud Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Indus Cloud Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement 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, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our 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.
9.2 You will use Indus Cloud Platform for lawful purposes only and will not undertake any activity that is harmful to Indus Cloud Platform or its content or otherwise not envisaged through the Indus Cloud Platform. You have a limited license to access and use Indus Cloud Platform, solely for the purpose of availing the Services, subject to these Terms of Use.
9.3 You will not do any of the following:
9.3.1 Delete or modify any content on Indus Cloud Platform, such as any information regarding the Services, their performance, sales or pricing;
9.3.2 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Indus Cloud Platform;
9.3.3 Introduce any, viruses, any other malicious software, any bots or scrape Indus Cloud Platform for any information;
9.3.4 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;
9.3.5 Hack into or introduce malicious software of any kind onto Indus Cloud Platform;
9.3.6 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
9.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Indus Cloud Platform, any information that:
9.4.1 belongs to another person and to which you do not have any right;
9.4.2 is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
9.4.3 harms minors in any way;
9.4.4 infringes any patent, trademark, copyright or other proprietary rights;
9.4.5 violates any law for the time being in force;
9.4.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9.4.7 impersonates or defames another person; or
9.4.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
9.4.9 patently false, untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person. - APPLICABLE LAW AND JURISDICTION:
These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Indus Cloud Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Delhi, India for the resolution of all such disputes. - FORCE MAJEURE
We 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 our reasonable control. - WAIVER
No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us 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. - OUR CONTRACT OF SALE
1.1. Listing and display of a Product by us on Indus Cloud Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on Indus Cloud Platform by you is your offer to buy the Product(s) from us.
1.2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail and/or mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
1.3. 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 and/or registered mobile number 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 refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
1.4. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
1.5. Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Indus Cloud Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
1.6. 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. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.
1.7. All orders placed on Indus Cloud 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 of Sale.
1.8. You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use. - RETURN AND REFUND
Please review the Returns Policy and Refund Policy of Indus Cloud Platform, which applies to Products sold by us. - PRODUCT AVAILABILITY
We list availability information for the Products on the relevant webpage of Indus Cloud Platform. Beyond what we say on that webpage or otherwise on Indus Cloud Platform, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock. - PRODUCT PRICING
4.1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
4.2. Products in your shopping cart of Indus Cloud Platform will reflect the most recent price as displayed on the Product’s information webpage on Indus Cloud Platform. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. - LICENSES
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions. - TAXES
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes. - LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed. - AMENDMENTS
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. - FORCE MAJEURE
We 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 our reasonable control. - WAIVER
No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent 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.
