Privacy Policy

TERMS OF SERVICE

The use of this website and the services thereof, provided by Purple Pop Shop LLP are subject to the following terms & conditions (hereinafter referred to as “Terms of Service”), all parts of which are categorically laid down in this agreement.

Following are the Terms of Service governing the use of the services provided by www.thepurplepopshop.com, an e-commerce initiative 

By accessing the website directly or through a hyperlink and/or purchasing our services from us, you engage with our “services” and agree to be bound by the Terms of Service including additional terms, conditions and policies that are referred herein or on any other hyperlink. These Terms of Service are applicable to all users and visitors to this website, including, but not limited to, vendors, buyers, customers, merchants, browsers, contributors of content etc. You acknowledge and accept that the website may use your personal information to contact you or for any other services that may require such personal information in a manner described by our Privacy Policy. 

Definitions

The parties referred to in these Terms of Service Shall be defined as follows:

1. The Company: The Company is referred to as the creator, operator, and publisher of the website, makes the website, and certain Services are made available to the users. The Purple Pop Shop is the Company of this website and the services provided thereof. 
2. The User/Client: The User/Client is referred to as the party who is the user of the website. Such a user/client may be referred to as ‘You’, ‘Your’, ‘Yours’, or simply as ‘User’ or ‘Client’. For the purpose of these Terms of Service, such pronouns as aforementioned shall mean any natural person or legal person who may be accessing the website for their own use, or on the behalf of any other person/party. 

Assent & Acceptance

By using the website, you warrant that you have read, reviewed and understood the Terms of Service and that you agree to be bound by it. Further, based on the services and orders obtained by the user, additional terms and conditions in respect of such services may apply, which shall be deemed to be an agreement between the Users and the Company.

About the Website

The website is an online e-commerce platform that serves as a one-stop destination for one-of-a-kind selections curated to fulfill all lifestyle needs. The Company reserves the right to refuse service or refuse the sale of any product or service on the website at their own discretion at any time and for any reason deemed fit. 
The website does not screen or censor the users that visit it and, therefore, all users must accept the risks associated when dealing on an online e-commerce platform with multiple other users whom you may come in contact with while accessing the website. You agree to use the website for lawful purposes only and without infringing the rights or restricting the use of this website by any third party. 

Your Account & Disclaimer

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website

1. License to Use the Website 

Subject to your use of the website, the Company may provide you with certain information as a result of your use or choice of services on the website. Such information may include, but is not limited to, documentation, data, and other materials which may assist in the use of the website Services. Such information may not be used for any other purpose other than the use of this website and/or the services provided. The website is authorized to use and store people’s contact information, including, but not limited to, their email addresses and phone numbers. Such contact information may be used to push marketing material like offers, discounts, new arrivals etc. The data with the website is not sold or sent any further. By agreeing to these Terms of Service, You agree to have your data used for marketing purposes.

You agree not to collect the information of any other users from the website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any other reason whatsoever. Any unauthorized use of the website and its services may lead to a legal dispute and a termination of any license granted to you with respect to the website and the Services. 

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent

 Privacy Notice

The website collects personal information in order to provide continuous quality service and improve products and services. The personal information collected by the website will be: (i) the information given by You (ii) the automatic information stored by our website on the basis of your interaction with our products and services. The website may use identifiers such as cookies to obtain certain information about your preferences and past choices and (iii) information from other sources such as address or delivery information updated by our carriers or partners which may be used to update our records. 

 Personal information stored by our website is used for, but not limited to, the following:

(i) purchase and delivery of products and services

(ii) personal information may also be used to improve services and provide ‘troubleshoot’ solutions to problems to improve effectiveness

(iii) personal information may also be collected in order to comply with laws

(iv) personal information will be used to communicate with You regarding your orders and other services of our website

(v) the information collected will also be used to push advertising and marketing campaigns to customers who engage with our products and services.

Personal information of our customers will be shared with our third-party service providers, where necessary, in order to complete our product, service and delivery obligations to you. If you choose our services, your use and any dispute over privacy is subject to this.

Intellectual Property 

You agree that the website and all the services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents and other Intellectual Property (IP). You agree and accept that the Company owns all rights, title, and interest in and to the IP and that you will not use the IP for any unlawful or infringing purpose of any kind. You agree not to distribute or reproduce the said IP in any way, including electronically or via registrations of any new trademarks, trade names, service marks, Uniform Resource Locators (URLs) etc. without an express written permission from the Company running this website.

Payment, Fees & Refund Policy

Should you purchase any product or service provided by our e-commerce platform, you agree to pay the specific/requisite monetary amount required to avail the said product or service. All sales are final and there is no refund, replacement or cancellation for the purchase/scheduling of our services. You recognise and agree that you shall not be entitled to a refund or cancellation of purchase/payment for any product or service provided under any circumstances, except where the product may be faulty or damaged or the wrong product is delivered. The Company reserves the right to refuse service or refuse to sell the products on the website on discretion to anyone for any reason and at any time deemed fit. The Company will make no refund in the event of any delay, cancellation, force majeure, or any other causes or reasons. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc. 

Reviews, Comments, Communications and Other Content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. The Company reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of the Company violates these conditions of use and, or terminate your permission to access or use this website.

•  E-Platform Communication

 You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the Company. 

Acceptable Use

You agree not to use the website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the website in any way that could damage the website, services or general business of the Company. 

1. You further agree not to use the website or the services provided therein:
2. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
3. To violate any intellectual property rights of the Company or any third party;
4. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
5. To perpetuate any fraud;
6. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
7. To publish or distribute any obscene or defamatory material;
8. To publish or distribute any material that incites violence, hate or discrimination towards any group;
9. To unlawfully gather information about others. 

You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (d) to violate any state, central or international laws, statutes, ordinances or regulations; (e) to submit false or misleading information regarding any content on the website; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the services provided or of any other related website or of the Company; (g) to collect or track personal information of others.

We reserve the right to terminate your use of the service for violating any of the prohibited uses. You agree to comply with the applicable laws, statutes and regulations concerning your use of the website. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). 

1. Communication 

You understand that each time you use the website, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the products that you have selected and consent to receive possible updates via phone or other electronic means such as email messages telling you about products and services offered by the website and understanding your requirements. You understand and accept that any communication sent to you by the website will not be construed as spam or bulk under any law prevailing in any country where such communication is received. 

• Shipping & Delivery

The Company makes every effort to ship and deliver the ordered products within the promised timeframe with accuracy. However, in certain cases, the Company is not responsible for the delay caused and cannot be held liable for the same. The Company reserves the right to cancel or modify orders as necessary, and will notify the user in due course when such a case arises.

• Security

You agree not to undertake any of the following actions:

1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the website or services
2. Violate the security of the website or service through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network. 
3. Or otherwise tamper with the website software, whether in whole or in part, or create any derivative works from or of the website software.

• Indemnification 

You agree to indemnify the Company and hold the Company harmless against any and all legal claims and demands, including legal fees, which may arise from or relate to your use or misuse of the website or the products, Your breach of these Terms of Service, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may even represent its own defense, if the Company so wishes.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify the Company and its affiliates, if any, 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.

•  Spam Policy

You are strictly prohibited from using the website or any of the Company’s services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. 

• Third-Party Content

 The Company may occasionally post links to third-party websites and services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked from our website. 

• Modification & Variation 

The Company may, from time to time, and at any time without notice, modify the Terms of Service. You agree that the Company has a right to modify the Terms of Service and/or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting them on the website and that modifications and verifications will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service. 

You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of the Terms of Service. You agree that your continued visits or use of this website after such modifications to these Terms of Service is a continued assent to these Terms of Service. 

In the event you fail to monitor such modifications or variations to the Terms of Service, You agree that such failure shall be considered an affirmative waiver of your right to review the modified agreement. 

• Terms of Service 

 These Terms of Service constitute the entire understanding between the Parties with any and all use of this website and the Services provided thereof. The Terms of Service supersedes and replaces all or any previous agreements or understandings, written or oral, regarding the use of this website and the use of the Company’s services.

• No Warranties 

You agree that your use of the website and services is at your sole and exclusive risk. The Company hereby disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the website or services will meet Your needs or that the same will be uninterrupted, error-free, or secure. You agree that any form of damage may occur to you, through your computer system, or as a result of the loss of your data from your use of the website or services is your sole responsibility and that the Company is not liable for any such damage or loss. The Company of this website has made reasonable efforts to safeguard the website, but it cannot and does not ensure or make any representations that the website or any of the information provided by you cannot be hacked by any unauthorized third parties. 

All information, software, products, services and related graphics are provided on this website without any warranty of any kind, either expressed or implied. The Company makes no representation about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services. 

There may be instances when incorrect information is published inadvertently on our website or in the service such as typographical errors, inaccuracies or omissions that may include, but not limited to, product descriptions, pricing, promotions, offers, availability etc. Any such errors, inaccuracies, or omissions may be corrected at our discretion at any time without any notice. You also agree that the website is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including IP rights.

The Company shall not be responsible for any interaction between you and the other users of the website. The Company running the website is under no obligation to become involved in any disputes between you and other users of the website or between you and any other third parties. You agree to release the Company of this website from any and all claims, demands, and damages arising out of or in connection with any such dispute. 

You will be solely responsible for any damage to your computer system or loss of data that results from the download of any information and/or material. If you are dissatisfied with the website, or the services provided or any portion thereof, or do not agree with these Terms of Service, your only recourse and exclusive remedy shall be to stop using the website altogether. 

• Service Interruptions

 We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, the Company may need to interrupt the access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be impacted by unanticipated or unscheduled downtime for the aforementioned reasons, or any other reason. The Company shall not be liable for any damage or loss caused as a result of such inaccessibility of the website or services. 

• Term, Termination & Suspension

The Company may terminate these Terms of Service with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate these Terms of Service if you violate any of the Terms outlined herein. Please note that any outstanding fee will still be due even after termination of your account. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. 

• Errors & Inaccuracy 

While every attempt has been made to accurately depict the specifications and applicability of services, errors may inadvertently creep in. The Company will not be responsible in case there is any inaccuracy, incompatibility or ineffectiveness of its products, services or solutions. There may also be pricing errors which are unintentional in nature; the Company reserves the right not to honor any such orders received.

• Force Majeure 

The Company shall not be responsible for its non-compliance with any obligation under any contract or Terms of Service if so prevented or delayed by cause(s) beyond reasonable control, including, but not limited to fire, flood, typhoon, earthquake, riots, wars, hostilities, governmental restrictions, strike for whatever causes, lock-out, stoppage or delay in transport, actions by governments or any agency thereof, boycott or trade embargoes (“Force Majeure”). The Company shall give notice to the User of a Force Majeure event and specify the estimated extent of the event. The Company’s time of performance shall automatically be extended for the duration of the event. If a Force Majeure prevents the Company from performing its obligations for more than 12 months, both parties shall meet and try in good faith to find a suitable solution. If no such solution is obtained within 5 months, either party may automatically terminate the Contract and/or forego the Terms of Service upon written notice to the other party. In such a case, the User shall pay for all costs incurred by the Company in connection with its performance prior to termination.

•  Limitation on Liability 

The Company is not liable for any damage that may occur to You as a result of the use of the website or services, to the fullest extent permitted by law. The Company will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (i) the use or the inability to use the website content or products or services; (ii) the cost of procuring substitute products or content; (iii) any products purchased or obtained or transactions entered into through the website; (iv) any alleged lost profits. The maximum liability of the Company arising from or relating to these Terms of Service shall not exceed the fees paid or payable by the User for the Services, in any case. 

• General Provisions

1.  Language: All communications made or notices given pursuant to these Terms of Service shall be in the English language. 
2. Jurisdiction, Venue & Governing Law: Through Your use of the website or Services, You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case of any litigation, the Parties agree to submit to the exclusive jurisdiction of the courts at Bangalore, India. The Parties agree that the choice of law, venue, and jurisdiction is mandatory in nature. You hereby waive the right to any objection of venue and/or jurisdiction. 
3. Severability: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of these Terms of Service shall continue in full force. 
4. No Waiver: In the event that the Company fails to enforce any provision of these Terms of Service, it shall not constitute as an act of waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part. 
5. No Agency, Partnership or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties. 
6. Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7. Cessation of Operation: The Company may, at any time, in its sole discretion and without any prior advance notice to its Users, cease operation of the website and distribution of the products and/or services.