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TERMS & CONDITIONS

Terms and Conditions of Use

Welcome to Popzaar.in (“site”). Flax Vintage LLP, Popzaar, and its affiliates (collectively referred to as “Popzaar”, “we”, “us”, or “our”) provide their services, including, through the site Popzaar.in to you, subject to the following terms and conditions. If you visit or shop at Popzaar.in, you accept these terms and conditions (“Conditions”). You shall ensure to review these Conditions periodically for updates and changes. Your continued use of the Site and availing of services from Popzaar following any revisions to the Conditions means that you accept and agree to such revisions.

 

Policies

Please review our policies, which also govern your visit to Popzaar.in, to understand our practices. These policies shall be deemed to be incorporated into these Conditions and shall be considered part and parcel of these Conditions.

 

Electronic Communications

When you visit Popzaar.in or mail us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Intellectual Property Rights

Any information, contents, materials, documents, details, graphics, files, data, text, logos, images, button icons, audio clips, digital pictures, or any visual being displayed on popzaar’s  website shall not be used or published either by electronic, mechanical, photocopying, recording or otherwise without the permission from Popzaar website. The compilation of all content on this site including the website is the exclusive property of Popzaar. Popzaar reserves all the IP rights related to  all patentspatent applicationstrademarkstrademark applicationsservice markstrade namestrade secretsinventionscopyrights, licenses and other intellectual property rights and similar rights necessary or required for the use in relation or connection with their respective businesses.

 

Site Access

 

  • Popzaar grants you, subject to your compliance with these conditions, limited permission to access and make personal use of the site. This limited permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or a third party; or any use of data mining, robots, or similar data gathering and extraction tools and you are not permitted to download (other than page caching) or modify the site, or any portion of the site.
  • The site is for your personal non-commercial use only. You agree that you shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit (including without limitation, any advertising or advertising revenue generation activity on your own site), create derivative works from, transfer, data mine or sell any content, software, products, or services contained within the site. You agree not to use any proprietary information (including images, text, page layout, or form) of Popzaar and its suppliers without their express written consent. You agree not to use any meta tags or any other “hidden text” utilizing Popzaar’s name or trademarks without the express written consent of Popzaar. Any unauthorized use terminates the permission granted by Popzaar.
  • You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the site (Popzaar.in) so long as the link does not portray Popzaar, its suppliers, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You agree not to use any logo or other proprietary graphic or trademark of Popzaar or its suppliers as part of the link without their express written permission.
  • You agree that you will be personally responsible for your use of the site and for all your communication and activity on and pursuant to this site. If Popzaar determines that you are or have been engaged in prohibited activities, were not respectful of other users, interfered with another user's use, access, or enjoyment of the site or enjoyment of our services; or otherwise violated these Conditions, you may be denied access to the site and our services on a temporary or permanent basis.

 

 

Reviews, comments, communications, and other content

 

  • You may post reviews, comments, and other content and communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, malware or other harmful components, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
  • You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Popzaar reserves the right (but not the obligation) to monitor, edit or remove content or activity at its sole discretion, but does not regularly review posted content. Popzaar takes no responsibility and assumes no liability for any content posted by you or any third party.
  • If you do post content or submit material, and unless we indicate otherwise, you grant Popzaar a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Popzaar and sub-licensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Conditions and will not cause injury to any person or entity; and that you will indemnify Popzaar, their owners, employees, and directors for all claims resulting from content you supply.

 

 

Risk of loss

All items purchased from the site Popzaar.in are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

 

Products and Information

 

  • The products on the site are solely for sale in India.
  • Popzaar will attempt to be as accurate as possible. However, Popzaar does not warrant or represent that product descriptions or other content of the site is accurate, complete, reliable, current, or error-free. If a product offered on the site is not as described, your sole remedy is to return it in an unused condition, in accordance with the returns policy, a copy of which is available on the Site.

 

 

Exchanges, returns, and refunds

Exchanges, returns, and refunds are governed by our policies, copies of which are available on the site.

 

Disclaimer of warranties and limitation of liability

 

  • This site Popzaar.in is provided by Popzaar on an “as is”, “as available” and “where is” basis. Popzaar makes no representations or warranties of any kind, express or implied, as to the operation of the site Popzaar.in or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
  • To the full extent permissible by applicable law, Popzaar disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, accuracy, reliability, completeness, timeliness, performance, safety, and fitness for purpose in respect of the site, communications from Popzaar, our services, and the products on the site. Whilst we try and ensure that the site and communications from Popzaar are free of errors, viruses, malware, or other harmful components, Popzaar does not warrant that the site Popzaar.in, its servers, or e-mail communications sent from Popzaar are free of viruses, malware or other harmful components.
  • To the full extent permissible by applicable law, Popzaar, its suppliers, owners, employees, or directors assume no liability or responsibility for:
  1. any errors, mistakes, or inaccuracies of the content displayed on the site Popzaar.in;
  2. any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the site or any product purchased/procured from Popzaar, its suppliers, or the site Popzaar.in;
  3. any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
  4. any interruption or cessation of transmission to or from the site Popzaar.in; and/or
  5. any viruses, malware, or other harmful component or the like that may be transmitted to or through the site Popzaar.in or communication from us or any third party.
  • Popzaar, its suppliers, owners, employees, or directors will not be liable for any damages of any kind arising from the use of this site or services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
  • Popzaar reserves the right to modify, update, and correct any errors, inaccuracies, or omissions with respect to the site Popzaar.in and to modify or update these Conditions and our policies at any time without prior notice.
  • We reserve, at our discretion, the right to refuse to fulfill any order, including (without limitation) those orders that may have been placed based on erroneous, inaccurate, or out-of-date information on the site; or would result in a breach of applicable laws.
  • Notwithstanding anything to the contrary contained in these Conditions, under no circumstances will the liability of Popzaar to a customer under law, contract or otherwise, in relation to a purchase, exceed 100% of the total value of goods purchased by such customer.

 

 

Indemnification

You agree to defend, indemnify and hold Popzaar, its suppliers, owners, employees, and its directors harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to, breach of these conditions, your violation of any applicable law or the rights (intellectual property rights) of any third party, your use of the site Popzaar.in, the purchase or use of product or service purchased/ procured/ availed from Popzaar, its suppliers or the site Popzaar.in.

 

Applicable Law

 

These terms and conditions are to be construed in accordance with the laws of India and by visiting Popzaar.in, in the event of any dispute or claim, associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the courts in Chandigarh, India.

 

 

Severability

If any provision of these Conditions or policies shall be deemed invalid, void, or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Conditions or policies.

 

Disputes

Any dispute relating in any way to Popzaar, or with respect to your access to Popzaar.in, purchase of products from Popzaar or through Popzaar.in, or availing of any services from Popzaar shall be submitted to arbitration with its seat and venue in Chandigarh, except that, to the extent you have in any manner violated or threatened to violate Popzaar’s or its suppliers’ intellectual property rights, Popzaar or its suppliers may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. Notwithstanding anything to the contrary contained in these Conditions, Popzaar reserves the right to pursue any legal remedy available to it in any jurisdiction.