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Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Eyewear India Applet.

The Sellers have entered into an agreement with Retail eCommerce Solutions having its registered office at Gala No. 10, Sakina Industrial Estate, Block No. 5, Ambe Mata Road, Bhayandar West, Mumbai, Maharahstra – 401101, India (hereinafter referred to as "REC"), under which the applet EyewearIndia (hereinafter referred to as "Applet") has been developed by REC.

Your use of the Applet is governed by the following terms and conditions ("Terms of Use") as applicable to the Applet, including the applicable policies which are incorporated herein by way of reference. If you transact on the Applet, You shall be subject to the policies that are applicable to the Applet for such transaction. By mere use of the Applet, You shall be contracting with REC and these terms and conditions including the policies constitute your binding obligations, with us.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a subscriber to the Applet by providing Registration Data while registering on the Applet as Registered User. We do not allow the User to surf the Applet or make purchases without registering on the Applet. The term "We", "Us", "Our" shall mean Retail eCommerce Solutions or EyewearIndia Sellers.

When You use any of the services provided by Us through the Applet, including but not limited to, (e.g. Product Reviews, Merchant Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Applet following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Applet.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Merchant’s Policies as amended from time to time.

Membership Eligibility

Use of the Applet is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Applet. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Applet and shall not transact on or use the Applet. As a minor if you wish to use or transact on Applet, such use or transaction may be made by your legal guardian or parents on the Applet. Merchant reserves the right to terminate your membership and / or refuse to provide you with access to the Applet if it is brought to the Merchant's notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use the Applet, You shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all 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 this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Applet and refuse to provide You with access to the Applet.

Communications

When You use the Applet or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Applet is a platform that Users utilize to interact with Sellers for their transactions. REC is not and cannot be a party to or control in any manner any transaction between the Applet's Users and Sellers.

Henceforward:

1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. REC 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 You and Sellers.

2. REC does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Applet. REC does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Applet. REC accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

3. REC is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. REC cannot and does not guarantee that the concerned Buyers and/or Seller will perform any transaction concluded on the Applet. REC shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

4. REC does not at any point of time during any transaction between you and Seller on the Applet come into or take possession of any of the products or services offered by Seller and nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to You.

5. At no time shall REC hold any right, title or interest over the products nor shall REC have any obligations or liabilities in respect of such contract entered into between you and seller. REC is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

6. The Applet is only a platform that can be utilized by Users to reach sellers. REC is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and you.

Disclaimer: Pricing on any product(s) as is reflected on the Applet may due to some technical issue, typographical error or product information published by Seller may be incorrectly reflected and in such an event we may cancel such order(s).

Charges

Membership on the Applet is free for buyers. We do not charge any fee for browsing and buying on the Applet. We reserve the right to change the Fee Policy from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Applet. In such an event we reserve the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Applet and such changes shall automatically become effective immediately after they are posted on the Applet. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.

Use of the Applet

You agree, undertake and confirm that your use of Applet shall be strictly governed by the following binding principles: 1. You shall use the Applet only to transact with Sellers.

2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Applet or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Applet or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Applet. We reserve our right to bar any such activity.

3. You shall not attempt to gain unauthorized access to any portion or feature of the Applet, or any other systems or networks connected to the Applet or to any server, computer, network, or to any of the services offered on or through the Applet, by hacking, password "mining" or any other illegitimate means.

4. You shall not probe, scan or test the vulnerability of the Applet or any network connected to the Applet nor breach the security or authentication measures on the Applet or any network connected to the Applet. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Applet, or any other customer, including any account on the Applet not owned by You, to its source, or exploit the Applet or any service or information made available or offered by or through the Applet, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Applet.

5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about seller or the brand name or domain name used by REC and REC or otherwise engage in any conduct or action that might tarnish the image or reputation, of REC or Sellers on the Applet or otherwise tarnish or dilute any REC's or Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by REC or sellers. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Applet or REC's systems or networks, or any systems or networks connected to REC.

6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Applet or any transaction being conducted on the Applet, or with any other person's use of the Applet.

7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to seller on or through the Applet or any service offered on or through the Applet. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

8. You may not use the Applet or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of REC and / or others.

9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

10. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Applet.

11. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Applet and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Applet, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Applet You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Applet. Please carefully select the type of information that you publicly disclose or share with others on the Applet.

Contents Posted on Applet/Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is content generated by Seller’s and REC has no control over such content as REC is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Applet and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Applet or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

You may use information on the products and services purposely made available on the Applet for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

Privacy

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at www.eyewearindia.co.in/privacypolicy. If you object to Your Information being transferred or used in this way please do not use Applet.

We and Our affiliates will share / sell / transfer / license / covey some or all of Your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to Your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction.

Disclaimer of Warranties and Liability

This Applet, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, REC does not warrant that:

• This Applet will be constantly available, or available at all; or • The information on this Applet is complete, true, accurate or non-misleading.

REC will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Applet. REC does not warrant that this Applet, information, Content, materials, product (including software) or services included on or otherwise made available to You through the Apple, their servers, or electronic communication sent from Us are free of viruses or other harmful components.

You will be required to enter a valid phone number while placing an order on the Applet. By registering your phone number with us, you consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Disclaimer of Warranties and Liability

This Applet, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, REC does not warrant that:

• This Applet will be constantly available, or available at all; or • The information on this Applet is complete, true, accurate or non-misleading. REC will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Applet. REC does not warrant that this Applet, information, Content, materials, product (including software) or services included on or otherwise made available to You through the Apple, their servers, or electronic communication sent from Us are free of viruses or other harmful components.

You will be required to enter a valid phone number while placing an order on the Applet. By registering your phone number with us, you consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Thane.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Applet is presented solely for the purpose of sale in India. We make no representation that materials in the Applet are appropriate or available for use in other locations/Countries other than India. Those who choose to access this Applet from other locations/Countries other than India do so on their own initiative and we are not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction
This site is controlled and operated by REC and products are sold by Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Applet is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent from us, modification of the materials, use of the materials on any other Applet or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Product Description
We do not warrant that Product description or other content of this Applet is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability
IN NO EVENT SHALL WE / REC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF YOU HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Applet.

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. Sandeep Mehta
Retail eCommerce Solutions
Gala No. 10, Sakina Industrial Estate, Block No. 5,
Ambe Mata Road, Bhayandar West, Mumbai – 401101,
Maharashtra, India.
Phone: +91 9820166073
Email: [email protected]