Welcome to www.luxxuberance.in. 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 website is owned and operated by Brandzstorm India Marketing Private limited, a company incorporated in India under the provisions of Companies Act, 1956 (referred to herein as “BRANDZSTORM”, “we”, “our” or “us”) having registered office at Office No. 305, Hubtown Solaris, N.S. Phadke Marg, Near Hotel Regency, Andheri East, Mumbai – 400 069.
- I. TERMS AND CONDITIONS
- These Terms sets forth the terms and conditions that apply to the sale and purchase of the products between Brandzstorm and you. Change in law or changes in our business may require changes to be made to the Terms from time to time (“Revised Terms”). As such, we encourages you to review the Terms and any other terms and condition periodically for any such changes. It is your responsibility to carefully read, agree with and accept the terms or any other terms and condition.
- You agree that Brandzstorm makes no warranty as to the accuracy, comprehensiveness, or correctness of any Product(s) on the Website www.luxxuberance.in. (“Website”) and provides all Product(s) on an "as is" basis.
- The products/services and information displayed on the Website is an "invitation to offer" to public at large. Your order for purchase constitutes your "offer" which shall be subject to acceptance or rejection by Brandzstorm and shall further subject to the terms and conditions as listed below. We reserve the right to refuse any order you place with us for any product on the Site (“Product”). We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. All accepted offers shall be fulfilled by Brandzstorm India Marketing Private Limited. If you have supplied your valid email address or contact number, we will notify you by email or through SMS (as the case may be) as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Acceptance of your order will take place upon dispatch of the Product(s) ordered. No act or omission of Brandzstorm prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer.
- II. USER ACCOUNT, PASSWORD, AND SECURITY
- If You use the Platform, 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, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
- immediately notify Brandzstorm of any unauthorized use / breach of your password or account and
- ensure that you exit from your account at the end of each session.
- In order to use the Website, you may either register and create an account secured by a password (the “Account”) or use without creating the Account i.e. as a “Guest”. Any Account so created is personal to you, and you may not transfer it to another person. Your registration or order (in case of Guest) shall be complete after you accept these Terms and any other terms and condition on the Website. These Terms and any other terms and condition on the Website will apply each time you use the Website.
- Use of the Website is available only to persons who can enter into legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" under the Indian Contract Act, 1872 including minors, un-discharged insolvents etc or otherwise barred by law are not eligible to use the Website. If you register and create an Account, you are a “Registered User”. To become a Registered User or to use the Website as a Guest, you must be at least 18 years of age, and must provide true, accurate, current, and complete in all respects information about yourself (including name, date of birth, email address, credit card details, and other details) as requested during the Account creation process or at the time of submission of the order on the Website as a Guest. If you are under the age of 18 years, use of the Website may be made by your legal guardian or parents on the Website who agree to be bound by these Terms and any other terms and condition on the Website. If you are a parent or legal guardian agreeing to these Terms and any other terms and condition on the Website on behalf of a person under the age of 18 years, you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur. BRANDZSTORM reserves the right to refuse service, terminate Account, or cancel or restrict the usage of the Website at their sole discretion.
- You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your personal computer or electronic or other mobile or wireless device, and you agree to accept responsibility for all activities that occur under your Account or password. Brandzstorm assumes no liability to any person for any loss or damage which may arise as a result of any failure by you in protecting your password or Account. If Brandzstorm has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend or cancel your account without any liability to us.
- When you use the Website 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. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications. We may communicate with you by email or phone or other modes of communication, electronic or otherwise.
- IV. DISCLAIMER OF WARRANTIES
a) To the fullest extent permissible by law, Brandzstorm does not warrant that the website or its use will be uninterrupted or free from errors. there may be delays, omissions, interruptions and inaccuracies in materials or information available through the website or that the services will meet any particular criteria of performance or quality.
b) Brandzstorm makes no representation or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the Luxxuberance website.
c) Although Brandzstorm intends to take reasonable steps to prevent the introduction of viruses, worms or other malicious code to the website, Brandzstorm does not represent or warrant that the website, or its use or services, features or materials that may be available through the website, are free from such destructive features. Brandzstorm is not liable for any damages or harm attributable to such features.
d) Electronic transmissions of data including the internet are public media and any use of such media is public not private, information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. Brandzstorm does not warrant and cannot ensure the security or confidentiality of any information you transmit to the website Brandzstorm. Accordingly, any information you transmit to the website Brandzstorm is transmitted at your own risk.
e) Except as expressly set forth herein, this website is made available by Brandzstorm on an "as is" and "as available" basis. Brandzstorm makes no representations or warranties of any kind, express or implied, as to the operation of the website, the usage or the information, content, materials, or products included on this website. to the full extent permissible by applicable law, Brandzstorm disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose title, compatibility, security, accuracy, or non-infringement without limiting the foregoing, Brandzstorm disclaims any and all warranties, express or implied, for any merchandise offered on this website. you acknowledge, by your use of the Brandzstorm website, that your use of the website is at your sole risk. this disclaimer does not apply to any product warranty offered by the manufacturer of the product. this disclaimer constitutes an essential part of these terms and any other terms and condition on the website.
f) Customer reviews are provided for informational purposes only. Customer reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by Brandzstorm.
- V. LIMITATION OF LIABILITY AND INDEMNITY
- Nothing in these terms is intended to affect your rights under law. The use of the website is at your own risk, and unless otherwise stated in these terms or and any other terms and condition on the website, you assume full responsibility and risk of loss resulting from your use of the website or any of the services or products.
- By using the website, you agree, to the fullest extent permitted by law, to indemnify and hold Brandzstorm, its directors, officers, employees, affiliates, group companies, participating websites, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these terms, your use of the website or any of the services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the website or the services, or any action taken by Brandzstorm as part of its investigation of a suspected violation of these terms or as a result of its finding or decision that a violation of these terms has occurred. you agree to defend, indemnify and hold harmless Brandzstorm and its affiliates and group companies and participating websites from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website or any breach by you of these terms.
- Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Brandzstorm or any of its affiliates, group companies, participating website, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, business interruption, accuracy of results, or computer failure or malfunction, even if an authorised representative of Brandzstorm has been advised of or should have known of the possibility of such damages, arising out of or in connection with (i) the use of or inability to use the Luxxuberance website; (ii) your use of or reliance on the website, any information, hyperlinks or content contained therein, or services included on or otherwise made available to you through this website; (iii) your provision of information, personal or otherwise, to Luxxuberance; (iv) the provision of services by Luxxuberance or participating website; or (v) acts or negligence on the part of Luxxuberance. In no event will Luxxuberance or Brandzstorm be liable for any losses, damages or expenses in excess of the amount paid by you towards the price of the product in respect to which the claim arose. you hereby release us from any and all obligations, liabilities and claims in excess of this limitation.
- VI. TRADEMARKS, COPYRIGHTS AND RESTRICTION
All content and other materials available at or through Luxxuberance website, including without limitation trademarks, service marks, trade names, images, audio, text, software, designs and the “look and feel” of Luxxuberance or Luxxuberance website (collectively, “Luxxuberance website”) are owned or licensed by us or our affiliates and are protected by copyright, trademark, and other intellectual property laws. Brandzstorm may allow you to share information regarding your use of Brandzstorm (such as your progress or goals met) on social media and similar platforms. When Brandzstorm provides access to Luxxuberance web that you may share, we grant you a limited, personal, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable license to that specific and limited Luxxuberance for the sole purpose of you sharing information, on a non-commercial basis, regarding your use of Luxxuberance through the sharing functions made available within Luxxuberance, provided you do not alter, remove, or falsify any attributions or other proprietary designations of origin or source of Luxxuberance Content. Otherwise, you may not reproduce, republish, distribute, display, perform, transmit, sell, or otherwise use any Luxxuberance website without our express written permission. All rights not expressly granted to you in this Agreement are reserved by us and/or our licensors.
- VII. PROMOTIONAL INFORMATION
We may from time to time make information available on the Luxxuberance website regarding certain programs, offers, or promotions (“Promotions”). All Promotions are subject to the specific terms, conditions, and restrictions disclosed in connection with such Promotions and are subject to being withdrawn or changed without prior notice. We are not responsible for any typographical or other errors or omissions regarding prices, availability, or other information in connection with Promotions.
- VIII. PROHIBITED CONDUCT
You agree to abide by all applicable laws and not to (a) upload, transmit, post, email, or otherwise make available to Luxxuberance web any material in any format that (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, or libelous; (ii) infringes any third party's intellectual property or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of Luxxuberance web or any computer software or hardware or equipment associated with Luxxuberance web; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of Luxxuberance web; (c) impersonate any person or entity, including, but not limited to, our employees or officers, or falsely state or otherwise misrepresent your affiliation with any person or entity; (d) attempt, through any means, to gain unauthorized access to Luxxuberance web or another person’s account or information on or through Luxxuberance web; (e) use any robot, scraper, spider, or any other automatic device or manual process to monitor or copy any Luxxuberance web without our prior express written permission; (f) take any action that imposes an unreasonable or disproportionately large load on Luxxuberance web; (g) take any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers; or (h) take any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement.
- IX. IMPORTANT INFORMATION
- X. MISCELLANOUS
- Brandzstorm has made every effort to display as accurately as possible the colours of the Products that appear on the Website. However, as computer monitors vary, Brandzstorm cannot guarantee that your monitor's display of any colour will be accurate.
- Brandzstorm attempts to be accurate in its Product descriptions. However, Brandzstorm does not warrant that Product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.
If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. Our failure to insist upon or enforce strict performance of any terms in this Agreement shall not be considered a waiver of those terms or any of our rights. You may be required to agree to additional terms and conditions to access particular sections or functions of the Luxxuberance website. We reserve the right, in our sole discretion and without consent or notice, to transfer, assign, sublicense or pledge the Luxxuberance website or this Agreement, in whole or in part, to any person or entity. You may not assign, sublicense or otherwise transfer in any manner any of your rights or obligations under the Agreement. The section headings used in the Agreement are for convenience only.
We may at any time, without notice and for any reason in our sole discretion, modify or discontinue the Luxxuberance website or terminate or restrict your access to the Luxxuberance website.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Thank you for your cooperation. We hope you find this Website helpful and convenient to use.