LUXEPOLIS TERMS OF SERVICE
Last Updated on 16th October, 2015
Luxepolis Retail Service Private Limited (“Luxepolis”) is the author and publisher of the internet resource www.luxepolis.com listing and permitting transactions in relation to luxury products and items of various brands (“Product(s)”). Luxepolis owns and operates the services provided through its website. It is important that you spend time reading the terms as they constitute a legal agreement between www.luxepolis.com (the “Website” or “Site”) and the seller (“you”) in connection to selling of your Products on the Website.
The corporate office of Luxepolis is at 3rd Floor, Orbit Terraces, 64, M Joshi Marg, Lower Parel (West) Mumbai - 400013.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound. Your continued use of the service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the service.
- Sell Products or Services
Luxepolis Seller Terms and Conditions Agreement
- Buy Products or Services
Luxepolis Buyer Terms and Conditions Agreement
It is recommended that all users, before using the Luxepolis, read carefully all agreements and make sure they understand them, because they contain their rights and obligations.
These Terms and Conditions are intended to define the conditions under which Luxepolis, directly or via a partner website, allows users to access and browse the Site, provides the User services allowing them to sell or buy these products directly and offers products for sale to users.
Users will be asked to accept the terms and conditions when they sail on the Website and in particular when creating an account, regardless of whether or not the realization of a Transaction on the Site. If a user does not agree to the Terms, he or she neither can access any product or to register, nor pass any order on the Site.1.2 The Website and its services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name. You may not impersonate any other participant or use another participant's password(s). Any such fraudulent conduct may be reported to law enforcement, and Luxepolis will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
1.3 The Agreement is published in compliance with; and is governed by the provisions of Indian law, including but limited to:
(i) the Indian Contract Act, 1872,
(ii) the (Indian) Information Technology Act, 2000 and
(iii) the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
2. DEFINITIONUnless otherwise defined in the Agreement, the following terms shall have the meaning set out as follows:
- “Buyer” shall mean a person who is registered as a user to access the Website and buys a Product from the Website.
- “Seller” shall mean any individual, organisation, business entity; or a company registered under the Companies Act, 1956 or the Companies Act, 2013.
3.1 Use of this Website to list your Products is available only to persons who can form legally binding contracts under the applicable laws. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including undischarged insolvents, etc. are not eligible to list their Products on this Website.
3.2 If you are a minor i.e. under the age of 18 (eighteen) years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. Luxepolis reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Luxepolis’ notice or if it is discovered that you are under the age of 18 (eighteen) years.
4. ACCOUNT REGISTRATION AND YOUR INFORMATION4.1 If you use the Website, you shall be responsible for maintaining the confidentiality of your display name and password. You shall be responsible for all the activities that occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.
4.2 You are solely responsible for the information you provide, and in accordance with certain features of the Website we may only act as a passive conduit for online distribution and publication of any information you provide.
5. LISTING OF PRODUCTS5.1 This Agreement governs the Products and services that are offered by Luxepolis to the User. Luxepolis authorizes the User to view and access the content available on the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Products, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the services (“Service Content”), are the properties of Luxepolis and are protected under copyright, trademark and other laws. User shall not modify the Service Content or reproduce, display, publicly perform, distribute, or otherwise use the Service Content in any way for any public or commercial purpose or for personal gain.
5.2 You, the User, are solely responsible for the way anyone you have authorized to use the Website and for ensuring that all of such Users comply with all of the Terms. Any violation of the Terms by any such User shall be deemed to be a violation thereof by you.
5.3Multiple Users are not permitted to share the same/single log-in.
5.4You agree that any information you give to Luxepolis will always be true, accurate, correct, complete and up to date, to the best of our knowledge. Any phone number used to register with the Website shall be registered in your name and you might be asked to provide supporting documents to prove the same.
5.5You agree that you will not use the Website for any unauthorized and unlawful purpose. You will not impersonate another person.
5.6You agree to use the Website only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
5.7You agree not to access (or attempt to access) Website by any means other than through the interface that is provided by Luxepolis, unless you have been specifically allowed to do so in a separate agreement with Luxepolis.
5.8You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website).
5.9You agree that you are solely responsible for (and that Luxepolis has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Luxepolis may suffer) of any such breach.
5.10You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any log-in you use to access the Website.
5.11Luxepolis does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
5.12Luxepolis is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Luxepolis cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Luxepolis shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
5.13Luxepolis does not at any point of time during any transaction between the Buyer and the Seller on the Website come into or take possession of any of the Products offered by Seller nor does it at any point gain title to or have any rights or claims over the Products offered by Seller to Buyer.
5.14At no time shall Luxepolis hold any right, title or interest over the Products nor shall Luxepolis have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
5.15The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell Products or services. Luxepolis is only providing a platform for communication and it is agreed that the contract for sale of any of the Products shall be a strictly bipartite contract between the Seller and the Buyer.
5.16You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Seller(s) that you transact with.
6. CODE OF CONDUCT
You are solely responsible for all descriptions, information, data, text, software, music, sound, graphics, video, messages or other materials that you upload, post, publish or display or otherwise transmit via the Website, and for all items that you purchase via the Website. The following are examples of the kind of items, content and/or use that is illegal or prohibited by Luxepolis. Luxepolis reserves the right to investigate and take appropriate legal action against anyone who, in Luxepolis’ sole discretion, violates this provision, including without limitation, removing the offending items or content from the Website, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Website to:
- Sell, post or otherwise transmit any item or content that
(i)is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable
(ii)you do not have a right to transmit under any law or under contractual or fiduciary relationships
(iii) poses or creates a privacy or security risk to any person
(iv)infringes any intellectual property or other proprietary rights of any party)
(v)constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ ‘contests,’ ‘sweepstakes,’ or any other form of solicitation
(vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
(vii) in the sole judgment of Luxepolis, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Luxepolis or its users to any harm or liability of any type
- (i)is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Solicit personal information from anyone under the age of 18
- Harvest or collect email addresses or other contact information of other users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
- Advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Website
- Violate any applicable local, state, national or international law, or any regulations having the force of law
- Treat Luxepolis employees and support staff with disrespect and indignity
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities or
- Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website.
7. AUTHENTICATION7.1Authenticity is the key factor in determining Product listings. Luxepolis shall rely on the experience of the in-house category specialists and in some cases by partnering with selected luxury brands to determine the authenticity of the Products.
7.2The authentication procedure of the Products shall take place at the Seller's site and the Product shall not be in possession of Luxepolis at any point in time.
7.3If the Product is found to be inauthentic, Luxepolis shall have the right to return the product at Seller’s expense to the Seller, or destroy the Product if the Seller is unwilling to pay for the return shipping.
7.4The User acknowledges that the process established by Luxepolis to assess the authenticity of a product is created for commercial purposes in order to assist the User in his/her purchase of the Product and not with the intention to take responsibility of any kind for the Product or the purchase itself.
7.5Luxepolis disclaims all warranties, express or implied, in relation to any claim arising out of or in connection to authenticity of the Products and the Seller agrees to indemnify and hold Luxepolis, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any User/Buyer or a third party due to or arising out of any claim in relation to the authenticity of the Products.
7.6Luxepolis may, at its sole discretion take penal actions or institute legal proceedings against the User or anyone who is responsible, due to fraud or negligence, or for any claim arising out of or in connection with authenticity of the Products or any loss caused thereby.
8. TITLE TO THE PRODUCT
Title to and ownership in the Product will remain with the Seller until a Product Sale, (as defined). A "Product Sale" shall be deemed to have occurred when the Buyer has made the payment for the Product and the Product has been delivered to the Buyer and until the expiry of 3 (three) days thereafter unless returned by the Buyer for any reason whatsoever.
Upon the confirmation of any purchase and sale transaction through the Website and payment of the required amount by the Buyer, Luxepolis will schedule with the Seller an appropriate time for pick-up of the Product. A Luxepolis logistics representative will visit the Seller for pickup. Packing will be completed in advance by the Seller, following which the Products will be shipped to the Buyer, who will have 3 (three) days from the date of delivery to confirm appropriate receipt. Upon receipt of confirmation from the Buyer that it has satisfactorily received and accepted the purchased Product, Luxepolis will credit Seller's account in an amount equal to the purchase price received from the Buyer, subject to deductions as may be notified by Luxepolis . The Buyer must confirm its acceptance within 3 (three) days after receipt of the purchased Product and if the Buyer does not respond within such time period, the Product will be deemed accepted. This Clause will stand as it is irrespective of any signatures provided on a courier form.
10. PAYMENT10.1While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
(i)Lack of authorization for any transaction
(ii) Exceeding the pre-set limit mutually agreed by you and between your bank
(iii)Any payment issues arising out of the transaction
(iv) Decline of transaction for any other reason/s
10.2All payments made against the purchases of the Products on the Website by you shall be made in Indian currency (“Indian Rupees”) acceptable in the Republic of India. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.
10.3The price displayed on the Website shall be the final price of the Products and if the Seller so requests, Luxepolis shall have all the rights to change the price without prior notice to the Buyer.
10.4Before shipping/delivering your order to you, Luxepolis may request you to provide supporting documents to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
10.5Transactions, transaction price and all commercial terms such as delivery, dispatch of Products and/or services on the Website are as per principal to principal bipartite contractual obligations between Buyer and Luxepolis and payment facility is merely used by the buyer and Luxepolis to facilitate the completion of the transaction. Use of the payment facility shall not render Luxepolis liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products and/or services listed on the Website.
10.6You understand, accept and agree that the payment facility provided by Luxepolis is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment allowing payment for transactions on the Website by the payment options provided therein.
10.7You have specifically authorized Luxepolis or its service providers to collect, process, facilitate and remit payments and/or the transaction price ‘electronically’ or through ‘cash on delivery’ to and from other Users in respect of transactions through payment facility. Your relationship with Luxepolis is on a principal to principal basis and by accepting these Terms, you agree that Luxepolis is an independent contractor for all purposes, and does not have control of or liability for the Products that are listed on the Website that are paid for by using the payment facility.
10.8The Buyer and Luxepolis acknowledge that Luxepolis will not be liable for any damages, interests or claims resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond the control of Luxepolis.
10.9Each User is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Luxepolis is in no way responsible for any of the User’s taxes or legal or statutory compliances, except for its own due diligence.
10.10All fees are exclusive of taxes. Service Tax and other statutory taxes as applicable are levied on every purchase.
11. CANCELLATION AND REPLACEMENT/RETURN OF ORDER
11.1Cancellation by Luxepolis11.1.1There may be certain orders that we are unable to accept and we must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
11.1.2Some situations that may result in your order being cancelled shall include without limitation inaccuracies or errors in product, error in pricing information, and/or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. In the event that your order is cancelled after your credit card or any other payment instrument has been charged, the said amount will be reversed back in your account.
11.2Cancellations by the User11.2.1In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount.
11.2.2The User shall make a request for cancellation of order, within 24 (twenty four) hours of making the order or before Luxepolis ships the order, on the Website for it to be a valid request. In case the cancellation request is made after 24 hours or shipping, Luxepolis shall have the full right to decide on the refunds based returned packaging condition and other parameters to ensure that the product is not damaged in anyway and is in a sellable condition. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
11.3Returns and Exchanges11.3.1Luxepolis will not be liable to replace any Products and the liability to replace any such Products is that of the Seller. Luxepolis and the Buyer acknowledge that the Products purchased/used are not subject to any Luxepolis warranties.
11.3.3 The Buyer/User acknowledges that any claim for replacement/return must be made within 3 (three) days of the delivery of the Product and any claim/request for replacement/return beyond the period of 3 (three) days shall not be accepted.
11.3.3The Buyer/User hereby acknowledges that any or all claims in relation to returns and replacement are made to the concerned Seller and Luxepolis is merely facilitating the transaction. Luxepolis may assist the customer in lodging a complaint with the Seller to get the Product replaced or serviced.
11.4The User shall not tamper with the Product before Product Sale or during any procedure of cancellation and replacement/return.
11.5Refunds11.5.1In case of cancellation before shipment, we process the refund within a week.
11.5.2In case of cancellation once the shipment has already been dispatched or if it is being returned, we process the refund once the products have been received and verified at our warehouse.
11.5.3For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 10 days of us receiving the products back. It may take 3-5 additional days for the amount to reflect in user’s bank account.
11.5.4For cash on delivery transactions, we will issue user a cheque in the name and address as specified in the billing details with the refund amount within 10 days of us receiving the products back.
12.2The Policy sets out:
(i)The type of information collected from Users, including sensitive personal data or information
(ii)The purpose, means and modes of usage of such information
(iii)How and to whom Luxepolis will disclose such information.
12.3The User is expected to read and understand the Policy, so as to ensure that he or she has the knowledge of:
(i)the fact that the information is being collected
(ii)the purpose for which the information is being collected
(iii)the intended recipients of the information
(iv)he name and address of the agency that is collecting the information and the agency that will retain the information
(v)the various rights available to such Users in respect of such information.
12.4Luxepolis will be responsible for obtaining explicit consent from their Users before storing any User information in the software.
12.5Luxepolis shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Luxepolis or any other person acting on behalf of Luxepolis.
12.6The use of the Website involves every User’s registration information and browsing history being stored and submitted to the appropriate authorities. The consent and procedure for such collection and submission is provided in the Policy. The other information collected by Luxepolis from Users as part of the registration process is described in the Policy. The consent and revocation procedures in relation to the same are set out in the Policy.
12.7The User is responsible for maintaining the confidentiality of the User’s log-in account access information and password. The User shall be responsible for all usage of the User’s log-in or password, whether or not authorized by the User. The User shall immediately notify Luxepolis of any actual or suspected unauthorized use of the User’s log-in or password. Although Luxepolis will not be liable for your losses caused by any unauthorized use of your account such as stolen or hacked passwords, you may be liable for the losses to Luxepolis or any others parties due to such unauthorized use.
12.8If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Luxepolis has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Luxepolis has the right to discontinue the access to the Website to the User at its sole discretion.
12.9Luxepolis collects and uses Users personal and demographics information in ways as stated in the Policy that can be found at www.luxepolis.com. Luxepolis intends to seek User’s permission if it wishes to use any User’s personal data for any purpose not specified herein or in the Policy. Any information provided by the User may be retained by Luxepolis and used at its discretion after termination of these Terms and thereupon the terms of Policy of www.luxepolis.com shall be applicable to such information.
12.10.Friends Referral Program: Luxepolis may from time to time offer credits to existing users that refer new users to the Luxepolis service using the invitation URL provided by Luxepolis to such existing users. Luxepolis may also make certain credits available to such new users users. The amount and requirements to earn such credits will be determined, and may change, from time to time in Luxepolis’s sole discretion and such program may be terminated by Luxepolis at any time, in each case with or without notice to you. Luxepolis reserves the right to limit the number and/or amount of credits that may be earned with respect to any existing user with or without notice to you. In addition, any credit granted cannot be traded for cash or any other service. Luxepolis reserves the right to void any credits that we believe in our sole discretion are a result of fraud or other misuse of this program or the site
13. NON DISPARAGEMENTYou will give reasonable time and escalate to the appropriate escalation authority at Luxepolis on any issues arising out of your interactions or dealings with Luxepolis or any of its processes or employees. Unless your issues are not attended to beyond the reasonable period of 30 business days or as requested by Luxepolis, You, the user, agree not to make any statements, written or verbal, or cause or encourage others to make any statements on social media, any digital or non-digital platforms, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of the company, its employees, directors, and officers. You acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to via, on social media internet, digital and non-digital media, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), and clients.
You understand and agree that this Paragraph is a material provision of this Agreement and that any breach of this Paragraph shall be a material breach of this Agreement, and that Luxepolis would be irreparably harmed by a violation of this provision.
14. INTELLECTUAL PROPERTY RIGHTS14.1The Luxepolis name is the trademark and service mark of Luxepolis (the “Luxepolis Trademarks”). Other company, product, and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Luxepolis. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Luxepolis Trademarks displayed on the Website, without Luxepolis’ prior written permission in each instance. Our logo is inspired from Galleria Vittorio Emanuele II luxury mall's dome
14.2Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content including Luxepolis Trademarks available on or through the Website for commercial or public purposes.
14.3Luxepolis will not be liable for any claim against any logo or intellectual property rights of any third party in relation to the brands of the Products listed on the Website and any such infringing content may be removed by Luxepolis at its sole discretion.
15. LIABILITY AND EXCLUSION OF WARRANTIES15.1YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
15.2Luxepolis shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any action taken by Luxepolis, where the User has consented for the same.
15.3Luxepolis does not warrant, endorse, guarantee, or assume responsibility for any Product or service advertised or offered by you through the Website or any hyperlinked website or featured in any banner or other advertising, and Luxepolis will not be a party to or in any way be responsible for monitoring any transaction between you and Sellers and/or third-party providers of Products or services. All the Products listed on the Website shall be on an “as is” basis and Luxepolis shall not provide any warranties to you in respect of any Product listed on the Website. You are advised to independently verify the bona fides of any particular Products that you choose to buy or transact with on the Website and use your best judgment in that behalf. You shall check and confirm the colour/model/version and any other such particulars of the Products before placing the order. Luxepolis accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
15.4Luxepolis does not verify any content or information provided by Users and to the fullest extent permitted by law disclaims all liability and/or claims arising out of the User’s use or reliance upon the services.
15.5For abundant clarity, Luxepolis shall not be liable for issues that may arise including but not limited to manufacturing defects or any other defects in relation to the Products sold. For any issues in relation to the Products sold, the Buyer shall only contact the particular Seller and only the concerned Seller will be liable for any such claims arising out of or in connection to the Products listed by him.
The User agrees to indemnify and hold harmless Luxepolis, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of service on the Website, violation of this Agreement, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Luxepolis will notify the User promptly of any such claim, loss, liability, or demand, and in addition to the foregoing obligations, the User agrees to provide Luxepolis with reasonable assistance, at his expense, in defending any such claim, loss, liability, damage, or cost.
17. TERM AND TERMINATION17.1This Agreement may be in force until terminated as per this Clause 16.
17.2The User acknowledges and agrees that Luxepolis, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate the Users account, block the Users e-mail or IP address, or otherwise terminate access to or use of the service (or any part thereof) immediately for any reason or with no reason at all, including, without limitation, if Luxepolis believes that the User has violated these Terms
17.3Luxepolis reserves the right to terminate any account in case:
(i)A User breaches any terms and conditions of these Terms
(ii)Luxepolis believes in its sole discretion that a User’s actions may cause legal liability for such User, other Users or for Luxepolis or are contrary to the Terms.
17.4Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the services under the same account, a different account or re-register under a new account, unless explicitly permitted by Luxepolis.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Luxepolis without restriction. Any assignment or transfer by you shall be null and void.
19. GOVERNING LAW AND DISPUTES
These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction over all matters and disputes arising out of and relating to the business or Website.
20. SPECIFIC PERFORMANCE
The parties shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.
21. INDIRECT AND CONSEQUENTIAL LOSSES
Save as expressly provided otherwise in this Agreement, neither party shall be liable under or in connection with this Agreement for any loss of income, loss of profits or loss of contracts, or for any indirect or consequential loss or damage of any kind, in each case howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and Luxepolis and you shall have no authority to bind Luxepolis in any manner whatsoever.
23. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Vijay KG
Luxepolis Retail Service Private Limited,
3rd Floor, Orbit Terraces
64, M Joshi Marg, Lower Parel (West)
Mumbai – 400013
Phone: +91 808080 6827 Email: vip [at] luxepolis.com