THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND PLUSHVIE RETAIL PVT. LTD (hereinafter “Plushvie”) GOVERNING YOUR USE OF Plushvie Jewel Try SOFTWARE AND YOUR COLLABORATIONN WITH PLUSHVIE FOR THE PURPOSE OF USAGE OF THE TryOn SOFTWARE.
This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
You agree that you are of legal age to enter into a binding agreement in order to accept the Terms. Further, you must fulfill all the requirement as per the section 3, 4 & 5 of The Indian Contract Act, 1872. The acceptance of the said agreement must be as per section 8 of The Indian contract Act 1872.You must agree to our General Terms as well as all the Service Specific terms, in order to avail our Services. Further it is agreed that you accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services.
The services provided by Plushvie will be in accordance to the specifications mentioned in the plan that has been subscribed by you. Such Services may include but is not limited to image editing, product cataloguing, jewelry TryOn & TryOn analytics including number of tryons, date & time of Tryons & such other services as mentioned on www.Plushvie.in.
Further, you may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
We may modify the Terms with or without giving any notice to you at any time. However, If we make significant modifications to the Terms and if such modifications affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
You need to sign up for a user account by providing all required information in order to access or use the Services. Further, you agree to: a) provide true, accurate, current and complete information about yourself & your products as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Plushvie has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Plushvie may terminate your user account and refuse current or future use of any or all of the Services.
You are responsible to ensure & maintain confidentiality of your user account id & password. Further, you cannot assign or give sub-license to any other individuals for your subscription. It is your responsibility to ensure that all activities that occur in connection with this agreement in your organization comply with the terms specified in this Agreement. You understand that Plushvie is not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of your account. You may ask for a process to be followed for recovering control in the event of such loss of control of your account by sending an email to firstname.lastname@example.org .You agree not to hold Plushvie liable for the consequences of any action taken by Plushvie in good faith in this regard.
The Service may include certain communications from Plushvie, such as service announcements, administrative messages, TryOn analytics reports or any such other messages, reports & data as promised to you during subscription. You understand that these communications shall be considered part of using the Services & hence are made in good faith by Plushvie.
If we receive a complaint from any person against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 15 days of receiving the complaint forwarded by us and copy email@example.com in the communication. If you do not respond to the complainant within 15 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 15 days’ time limit will be construed as your consent to disclosure of your name and contact information by Plushvie to the complainant.
The Services are available under subscription plans of various durations. Payments for subscription plans can be made by all the payment modes as allowed on the website of Plushvie. Your subscription will be automatically renewed on the first day of every subscription period unless you downgrade/upgrade your paid subscription plan or unsubscribe your subscription from Plushvie’s website. In case you opt to downgrade or upgrade your plan, than under such circumstances you will be charged as in accordance the amount mentioned in aforesaid plan. Hence, subsequent auto-renewal will be charged as per the downgraded or upgraded plan.
At the time of automatic renewal, the subscription fee will be charged from the payment mode that is last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different mode. If you do not wish to renew the subscription, you must unsubscribe from the Plushvie’s website. If you have not downgraded your plan and if you have not unsubscribed your plan from Plushvie’s website, you will be presumed to have authorized Plushvie to charge the subscription fee to the last payment mode used by you.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
You must review our refund policy before submitting your account for refund. You may apply for refund only if you believe that you are wrongly charged, overcharged or charged even after unsubscribing your plan.
Subscriptions to all the packages are non-refundable under all the circumstances including upgrade, downgrade or in case of unsubscribing the package. If you cancel your subscription, all of services that are part of package, including but not limited to roll over, Try on will expire at the end of your billing cycle. However, no refund will be provided for such unutilized TryOns or any such other services that are part of package.
In case of any exceptional circumstances i.e, that which is not mentioned in the aforesaid clause, Plushvie will have sole discretion to make appropriate decision regarding the matter or matters thereof related to Refund.
In case there are unutilized Try On credits than, under such circumstances the unutilized TryOns shall be carry forwarded to successive months to the maximum of three times the TryOn of the subscribed plan. However such rollover will not be allowed if you downgrade your plan or unsubscribe the plan from Plushvie’s website. *Only in case of upgradation such rollover will be permissible.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Plushvie; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
You must understand that the data/ content created & stored on our website is solely owned by Plushvie. We reserve the right to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account on Plushvie’s website for commercial, marketing or any such other similar purpose. Further you hereby grant Plushvie permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. If you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Plushvie will have the right to block access to or remove such content made available by you if Plushvie receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Plushvie for this purpose.
Plushvie may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Plushvie makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
Plushvie, Plushvie logo, the names of individual Services and their logos are SUBJECT TO trademarks owned by PLUSHVIE RETAIL PVT. LTD & are in accordance to the Trademark Act 1999. You agree not to display or use, in any manner, the Plushvie trademarks, without Plushvie’s prior permission.
Further, all the services provided by Plushvie are subject to patent protection as specified under Patent Act 1970 & hence Plushvie is sole holder of all the rights related to such services. Further, Infringement to the provisions specified under patent act shall be liable to the penalty as specified under sections 104-114 of Patents Act.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. PLUSHVIE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLUSHVIE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM PLUSHVIE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT PLUSHVIE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PLUSHVIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PLUSHVIE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Plushvie, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Plushvie.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules mentioned under Arbitration Act 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Ahmedabad, Gujarat, India and judgment on the arbitration award may be entered into District court of Ahmedabad or High court of Gujarat having jurisdiction thereof. Notwithstanding anything to the contrary, Plushvie may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Subscribed Service in case of unexpected technical issues or discontinuation of the Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
If you have any questions or concerns regarding this Agreement, please contact us at email@example.com.