1.            GENERAL

1.1.            The terms and conditions for usage of the Platforms as set out herein (“Terms of Use”) specifically govern your access and use of the Platforms, which provides a forum for you to inter alia discover, select and buy Products listed on the Platforms at the indicated price at any time, from the locations serviceable by us.

1.2.            Please note that we may from time to time modify the Terms of Use that govern your use of the Platforms. Every time you wish to use our Platforms, please check these Terms of Use to ensure that 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 Platforms or suspend the operation of the Platforms for support or maintenance work, in order to update the content or for any other reason, at any time.

1.3.            The accessing, browsing, or otherwise using the Platforms indicates your agreement to these Terms of Use, the Privacy Notice & Privacy Policy and any other policies or guidelines that may be applicable to the Platforms at the time of your access and usage of the Platforms and which may be updated from time to time (collectively, the “Agreement”).

1.4.            We authorize you to view and access the Platforms solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with the Return and Refund Policy. We therefore grant you a limited, revocable permission to access and use the Services.

1.5.            By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the concerned Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including the terms of purchase of Products on behalf of the minor user as well as our Privacy Notice & Privacy Policy and has accepted the Consent Form. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organization, you represent that you have the authority to act on behalf of that entity, and that such entity accepts this Agreement.

2.            REGISTRATION OF YOUR ACCOUNT

2.1.            In order to purchase Products on the Platforms and/or avail Services thereof, you will have to register on the Platform. Registration is a one-time process and is free of cost.

2.2.            You may register on Obsessions, pursuant to accepting the Consent Form, in one of the following ways:

2.2.1.            Creating an Obsessions account: by providing the relevant information for the creation of your account on Obsessions and after filling in the necessary forms and providing the necessary details as may be required by us at the time of your registration. Following this, an account will be created by Obsessions for you.

2.2.2.            Using a third-party account: you may use the login credentials of the account maintained by you with a Obsessions-integrated third-party (illustratively, Google or Facebook), in which case you will also be subject to the relevant third-party terms and conditions applicable to such account.

2.3.            You may register on the Platform on successful mobile or email OTP (One    Time Password) verification and you will be eligible to further access and avail the Services after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration. For placing an order, you should login to your account by completing the successful mobile OTP verification.

2.4.            You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Platforms and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.

2.5.            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 Platform(s), terminate accounts, remove or edit content at any time without notice to you.

3.            COMMUNICATION AND UNSUBSCRIPTION

3.1.            By accepting the Terms of Use, you also accept to receive news, updates, offers/ campaign related SMS/Email, to the mobile phone number/email address provided by you. By accessing and using the Platforms 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, 2018.

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 or through a consent manager.

4.            DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

4.1.            We shall reasonably ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of the Platforms is correct at the time of inclusion on the concerned 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. Any use of the Platforms or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees, alliance partner or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to the Platforms. 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 a means to assist the users in identifying the Products of their choice, we provide visual representations on the Platforms 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 the Platforms;

4.5.2.            that the Services will be made available at all times; and

4.5.3.            that the operation of the Platforms, including the functions contained in any content, information and materials on any Platform or any third-party sites or services linked to the Platforms will be uninterrupted, or that the defects will be rectified, or that the Platforms or the servers that make such content, information and materials available are free of viruses or other harmful components.

4.6.            The platforms and the services are provided to you on an “as-is” and “where-is” basis, without any representations or warranties. We, for ourselves and any third-party providing materials, services, or content to this website, make no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, with respect to the platforms, the information or any products or services to which the information refers. We will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if we have previously been advised of the possibility of such damages.

5.            AVAILABILITY AND ACCESSIBILITY OF THE PLATFORMS

5.1.            We control and operate the Platforms from India and make no representation that the materials and the content available on the Platforms is appropriate to be used or will be available for use in other locations outside India. If you use the Platforms 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.            Information that we publish on the World Wide Web may contain references or cross references to our Products, programs and Services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs or Services in your country. Consult our local business contact for information regarding the Products, programs and Services that may be available to you.

5.3.            We reasonably monitor the user’s account in order to avoid fraudulent accounts and transactions. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platforms 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 an account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

6.            THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

6.1.            In your use of the Platforms, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Platforms or access any other third-party website linked to the Platforms. 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.

7.            COPYRIGHTS IN OBSESSIONS CONTENT

7.1.            The Platforms contain material, including text, graphics and sound, content including any software programs available on or through the Platforms (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. All copyright and other intellectual property rights in the Envouge’sContent are owned by us.

7.2.            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.

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 [email protected] and let us know of your concerns.

8.            LICENSEAND USE OF YOUR CONTENT

8.1.            You grant to us 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 including personal data that is made or caused to be made publicly available by you on our Platforms 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 Platforms.

8.2.            You agree that we do not routinely monitor your postings on the Platforms but reserve the right to do so. However, if we become aware of inappropriate use of the Platforms or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.

8.3.            We reserve the right to terminate access to the Platforms at any time and without notice. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.

9.            USER WARRANTIES AND RESTRICTIONS

9.1.            You represent and warrant that:

9.1.1.            the you have ready the privacy policy and have provided free, specific, informed, unconditional and unambiguous consent through the Consent Form which signifies an agreement to processing your personal data for the purpose specified in the Privacy Notice & Privacy Policy;

9.1.2.            your use of the Platforms and/or Services will not violate any applicable law or regulation;

9.1.3.            all information that is submitted to us in connection with the Platforms and/or Services is true, accurate and lawful;

9.1.4.            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 the Platforms for lawful purposes only and will not undertake                                       any activity that is harmful to the Platforms or its content or otherwise not envisaged through the Platforms. You may access and use the Platforms 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.            Decompile, reverse engineer, or disassemble the content on the Platforms;

9.3.2.            Use the Services in any way that is unlawful, or harms Obsession or any other person or entity, as determined in Obsession’s sole discretion;

9.3.3.            Make false or malicious statements against the Services, the Platforms or us;

9.3.4.            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 Platforms and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platforms and/or the Services;

9.3.5.            Introduce any trojans, viruses, any other malicious software, any bots or scrape the Platforms for any information;

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

9.3.7.            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.

9.4.                You are prohibited from hosting, displaying, uploading, modifying,

9.4.1.            is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party;

9.4.2.            infringes any patent, trademark, copyright or other proprietary rights;

9.4.3.            violates any law for the time being in force;

9.4.4.            contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

10.            INDEMNIFICATION AND LIMITATION OF LIABILITY

10.1.            You agree to indemnify, defend and hold harmless us, our affiliates, alliance partners, 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 Platforms or the Services, violation of these Terms of Use, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10.2.            To the fullest extent permitted by law, in no event shall Obsessions or any of its directors, officers, employees, alliance partners, agents or content or service providers (collectively, the “Our 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 Platforms or the content, materials and functions related thereto, the Services, provision of information via the Platforms, lost business, even if our Representatives have been advised of the possibility of such damages.

10.3.               In no event shall Obsessions Representatives be liable for:

10.3.1.            the use or inability to use the Platforms and/or the Services;

10.3.2.            any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platforms; or

10.3.3.            any other matter relating to the Platforms or the Services.

10.4.            Obsessions is neither liable nor responsible for any actions or inactions of the other users of the Platforms or any breach of conditions, representations or warranties by them. Obsessions is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platforms.

10.5.            None of the directors, officials or employees of Obsessions shall be personally liable for any action in connection with the Platforms or the Services thereto.

11.            ACCESS OUTSIDE THE REPUBLIC OF INDIA

11.1.            Obsessions makes no representation that the content on the Platforms is appropriate to be used or accessed outside the Republic of India. Your use of or access to the Platforms from outside the Republic of India is at your own risk and you are responsible for compliance with the laws of such jurisdiction.

12.            GENERAL

12.1.            None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.

12.2.            Except as explicitly stated otherwise, any notices shall be given by Registered AD to 20, Pusa Road, Basement, Karol Bagh, New Delhi-110005 and by Email at [email protected].

12.3.            We may give you notice at your registered email address or through Registered AD to the address provided to us during the registration process.

13.            APPLICABLE LAW AND JURISDICTION:

13.1.            These Terms of Use are governed by and to be interpreted in accordance with the 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 Platforms, whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at New Delhi, India for the resolution of all such disputes.

14.            ARBITRATION

14.1.            If any dispute arises between you and the Company during your use of our Platforms or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the Additional Terms, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party. The seat and venue of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

15.            GRIEVANCE OFFICER:

15.1.            In accordance with the Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer or at the below mentioned coordinate:

16.            FORCE MAJEURE

16.1.            A “Force Majeure Event” means any event that is beyond the reasonable control of Obsessions and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, pandemic, computer hacking, unauthorized access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

16.2.            We will not be held responsible for any loss, damage or misuse of the Data, if such loss, damage or misuse is attributable to a Force Majeure Event.

17.            WAIVER

17.1.            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.

18.            SEVERABILITY

18.1.            If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use 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 of Use 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.

19.            AMENDMENT

19.1.            These Terms of Use 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 of Use as available on the Platforms. Your relationship with the Platforms will be governed by the most current version of these Terms of Use, as published on the Platforms.

20.            MISCELLANEOUS

20.1.            In addition to these Terms of Use, 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 Services. You agree that we will not be liable for any transaction between itself and any such third parties.

20.2.            These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of the Platforms, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.