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Terms & Conditions

Terms and Conditions

www.herstyle.in

(Owned by, EFLAIR WEBTECH PRIVATE LIMITED)

END USER LICENSE AGREEMENT

(TERMS OF SERVICE)

Date of Last Revision: July, 12, 2017.

EFLAIR WEBTECH PRIVATE LIMITED a company incorporated under the Companies Act, 2013 and herein after referred in short “Her Style”. ("Her Style”, "we," "us," and/or "our") provides its services (described below) to you through its mobile applications, internet platforms and other software made available by Her Style ("Software") and its website located at http://www.herstyle.in (the "Site") (collectively, such services, Software and the Site, collectively, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, these "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Service to determine if there have been changes to these Terms of Service and to review such changes.


PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS OF SERVICE IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY Her Style. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND Her Style. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU CANNOT USE THE SERVICE.


In addition, when using certain services, you shall be subject to any additional terms, policies or guidelines applicable to such services that may be posted on the Service from time to time. All such terms, policies and guidelines are hereby incorporated by reference into these Terms of Service.


Access and Use of the Service

Services Description: The Service provides a mobile and online social marketplace for fashion and other items in which the Company, consumers and boutiques can upload photos , list and sell their fashion items (as well as apply certain image filters to such photos), and buyers can browse and purchase such items. Upon uploading the photos in the website located at http://www.herstyle.in, Her Style shall became the absolute owner of such photos and consumer or any third party shall not have any right over such photos.

Third Party Services: You may register for the Service using third party services (e.g., Facebook Connect, Gmail, Yahoo etc.) and otherwise enable various third party services to be directly integrated into your Her Style experience. By directly integrating these services into the Service, we make your online experiences richer and more personalized. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Her Style's use, storage and disclosure of information related to you and your use of such services within the Service (including your friend lists and the like), please see our Privacy Policy contained herein below . However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Her Style shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.


In addition, Her Style is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Her Style is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Her Style enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.

Your Registration Obligations: You may also be permitted to register with the Service directly. In any case, if you choose to register for the Service (whether directly or through a third party service), you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. The Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of the Service. If you do not qualify, please do not use the Service. Additionally, Her Style reserves the right to refuse access to, or use of the Service to anyone, and may terminate any account, at anytime, in its sole discretion. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service.

Member Account, Password and Security:You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Her Style of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Her Style will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service:Her Style reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Her Style shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that Her Style may establish general practices and limits concerning use of the Service. You agree that Her Style has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Her Style reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Her Style reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Mobile Services:When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.


Friend Referral Program:Her Style may from time to time offer credits to existing users that refer new users to the Service using the invite code provided by Her Style to such existing users. Her Style may also make certain credits available to such new users using that invite code. The amount of such credits will be determined, and may change, from time to time in Her Style's sole discretion and such program may be terminated by Her Style at any time, in each case with or without notice to you. Furthermore, Her Style 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. To be eligible for a credit (whether granted to an existing user or new user), the new user must be an individual that has never registered for the Service and she must be using a device (not the web) for sign-up and the device being used must not be associated with an existing Her Style account. In addition, any credit granted cannot be traded for cash or any other service. We reserve 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 Service

Conditions of Use

User Conduct: You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by Her Style. Her Style reserves the right to investigate and take appropriate legal action against anyone who, in Her Style's sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service 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, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or 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; or (vii) in the sole judgment of Her Style, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Her Style or its users to any harm or liability of any type; 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 Service or the Site 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 Service;

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or

violate any applicable local, state, national or international law, or any regulations having the force of law;

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 Service.

Compliance with law:You agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

Purchase and Sale Transactions

Fees; Transactions: Registering for the Service is free; however, Her Style may charge certain fees for various transactions effected through the Service. Unless otherwise stated, all fees are quoted will be in India Rupees. In addition to the payment of the applicable purchase price for a purchased item, buyers are responsible for paying all shipping costs to Her Style and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through the Service.

All such shipping costs and taxes are not included in the listed price for any items made available from sellers through the Service, but will be displayed to buyers before confirmation of any purchase. Sellers are responsible for all taxes including income tax, value added tax and service taxes associated with the purchase and sale of any items through the Service. For clarity, all shipping costs paid will be retained by Her Style.

Credit/Debit Card (Card) Transactions: To the extent you as a buyer effect any transactions using a credit/debit card, you must have a valid credit/debit card on file, and we will (or a third party card processor may) store your card information. Her Style will verify your card information (including expiration date and billing address), but will not charge your card unless you conduct an activity through the Service that requires your card to be charged. By agreeing to pay for a transaction with your card, you authorize us to charge your card.

Fee Modifications: We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.

The Service is only a Venue and Her Style is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on Her Style's marketplace: The Service acts as an open marketplace for users to interact with other users to buy and sell fashion and other items. Her Style only provides a service, is not involved in any transaction between buyers and sellers who use the Service, does not obtain title to any purchased items and does not act as the buyer or seller (or agent for buyers or sellers) with respect to any such transactions. Her Style is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on Her Style's marketplace. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not Her Style. Her Style does not control the behavior of users of the Service or the information or other content provided by other users that is made available through the Service. As a result, Her Style does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, Her Style does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Her Style reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Her Style and its users from illegal or wrongful activities.

FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE.

Item Comment System: User authentication on the Internet is difficult. Her Style may attempt, but is under no obligation, to independently confirm a user's purported identity. Therefore, we have established an item commenting system to help you evaluate the user with whom you are dealing. We also encourage you to communicate directly with potential buyers or sellers through the features available through the Service.

Listing Restrictions: Her Style prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation,

Selling: You must have the legal authority to sell the items that you are listing for sale through the Service. You must describe your item (including the original price) and all terms of sale in your listing truthfully, accurately and reasonably completely. If you accept an offer, you shall complete the transaction with the buyer unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure described below. You are also responsible for payment of the commission to Her Style. An offer to sell may be retracted at any time prior to its acceptance, but not after.

Buying: If you agree to purchase an item through the Service and confirm the transaction, you are obligated to complete the transaction in accordance with the terms and conditions specified by the seller (e.g., with respect to the listing price), unless the transaction is prohibited by law or these Terms of Service, subject to the return procedure.

Intellectual Property Rights

Service Content, Software and Trademarks:You acknowledge and agree that the Service may contain images and descriptions of fashion items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ,Her Style, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology underlying the Service (including the Software distributed in connection therewith) is the property of Her Style, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Software). Any rights not expressly granted herein are reserved by Her Style.

The Her Style name and logos are trademarks and service marks of Her Style (collectively the "Her Style Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Her Style. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Her Style Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Her Style Trademarks will inure to our exclusive benefit.

Mobile Software Applications: Her Style offers Software applications that are available to be operated in connection with products made commercially available in various operating systems viz., Apple iOS, Google Android, Microsoft Windows and Blackberry etc. (“Mobile OS”). With respect to Mobile Software that are made available for your use in connection as aforesaid, in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

Her Style provides this service only for the purpose of convenience of the consumers. Terms of Service as applicable on the Mobile OS shall be governed by the respective Mobile OS, and Her Style is no way responsible for any liability thereof.

You may not use the Mobile OS -Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Mobile OS -Enabled Software in, or otherwise be in conflict with, the Mobile OS Terms of Service.

Your license to use the Mobile OS -Enabled Software is limited to a non-transferable license to use the Mobile OS -Enabled Software on an Mobile OS Product that you own or control, as permitted by the Usage Rules set forth in the Mobile OS Store Terms of Service.

Her Style has no obligation whatsoever to provide any maintenance or support services with respect to the Mobile OS -Enabled Software.

If you have any questions, complaints or claims with respect to the Mobile OS-Enabled Software, they should be directed to Her Style by e-mail to support@ herstyle.in.

Our Privacy Policy:

This privacy policy has been created to provide information about our company, our website and the services we provide (including through our Mobile OS). This Privacy Policy sets forth Her Style 's policy with respect to information, including personally identifiable data ("Personal Data"), that is collected from users of the Services.

Information We Collect:

When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:

Personal Data That You Provide Through the Services:We collect Personal Data from you when you voluntarily provide such information, such as when you register for access to our Services and/or third party services (for example, username and email address provided by services such as Facebook Connect, Gmail, Yahoo etc., provide us with credit card and other payment information, use certain Services including withdrawal of funds, contact us with inquiries or respond to one of our surveys. Wherever Her Style collects Personal Data we make an effort to provide a link to this Privacy Policy.

By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of Her Style.

Non-Identifiable or Aggregated Data:When you interact with Her Style through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. Her Style may store such information itself or such information may be included in databases owned and maintained by Her Style affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the number of transactions that are effected through the Service, the number of messages you send and receive, the total number of users of our Services, the domain names of our visitors' Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve the users of the Services, Her Style may conduct research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. Her Style may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. Her Style may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

Our Use of Your Personal Data and Other Information:

Her Style uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email or other messaging means, we will use the Personal Data you provide to answer your question or resolve your problem, or if you confirm a transaction using the Services, we will use the financial data you provide to consummate the transaction. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. Her Style and its subsidiaries and affiliates (the "Related Companies") may also use your Personal Data and other personally non-identifiable information collected through the Services to help us customize the Services, improve the content and functionality of the Services, better understand our users, prevent fraud and improve the Services. Her Style and its Related Companies may use this information to communicate with you regarding the Services or to tell you about services we believe will be of interest to you. If we do so, any marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications.

Please also note that to the extent you include any Personal Data or other information in a listing or any other content that you upload to the Service, we have the right to publish that listing and other content (including without limitation any Personal Data or other information including in the listing) in connection with the operation of the Service or any other products or services of Her Style, or the promotion, advertising or marketing thereof (including publishing that listing and other content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc.). In addition, users have the ability as part of the Service to share your listings with others.

If Her Style intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.

Our Disclosure of Your Personal Data and Other Information:

Her Style is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies:We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Agents, Service Providers, Consultants and Related Third Parties: Her Style, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include maintaining databases, identity verification, fraud monitoring, processing credit card payments etc. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function (for example, providing our credit card payment provider with your credit card information).

Legal Requirements:Her Style may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Her Style, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.

Enforcement:

Her Style may disclose your Personal Data to enforce or apply this Privacy Policy, the Her Style Terms of Service, or our other policies posted on the Site from time to time or agreements to which you are a party.

Your Choices:

If you choose not to provide any Personal Data, you may not be able to use certain Services. In addition, you may request that we delete your account, and any information associated with your account, but please note that we may be required (by law or otherwise) to retain this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete your information, it will be deleted from the active database but may remain in our archives.

Exclusions:

This Privacy Policy does not apply to any Personal Data collected by Her Style other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Her Style through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums (collectively, "Public Areas"), any ideas for new products or modifications to existing products and other unsolicited submissions (collectively, "Unsolicited Information"). All Unsolicited Information shall be deemed to be non-confidential and Her Style shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

Male Member and Children:

Her Style does not knowingly collect Personal Data from Male Members andchildren under the age of 18. If you are under the age of 18, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Data to Her Style through the Services, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Web Sites:

This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by Her Style (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Her Style endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Integrating Third Party Services within the Services:

One of the special features of the Service is that it allows you to enable various online third party services, such as Facebook Connect, Gmail, Yahoo etc and other social media and networking services, payment service providers etc. ("Third Party Services"), to be directly integrated into your Her Style experience. To take advantage of this feature, we will ask you to provide us your username and password for the relevant Third Party Services. By enabling such Third Party Services, you are allowing us to pass your log-in information to these service providers for this purpose. When you add a Third Party Service account to the Service, we will collect your login information and other relevant information necessary to enable the Service to access that Third Party Service and your data contained within that Third Party Service. As part of such integration, such Third Party Services will provide us with access to certain information that you have provided to such Third Party Services, and we will use, store and disclose such information in accordance with this Privacy Policy. However, please remember that the manner in which Third Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Her Style shall have no liability or responsibility for the privacy practices or other actions of any Third Party Service that may be enabled within the Service.

Security:

Her Style takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

Changes to Her Style’s Privacy Policy:

The Services and our business may change from time to time. As a result, at times it may be necessary for Her Style to make changes to this Privacy Policy. Her Style reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access to Information; Contacting Zapple:

To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services.

Please also feel free to contact us if you have any questions about Her Style‘s Privacy Policy or the information practices of Her Style.

You may contact us as follows: support@herstyle.in.

Her Style Credits:Her Style Credits if any are not redeemable for cash or cash equivalents, are non-transferable and may not be applied toward prior purchases. If your account has been suspended, you will not be able to use Her Style Credits during the duration of your account suspension. Other restrictions may apply.

Electronic Communications:When you use the Service or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.

Third Party Material:Under no circumstances will Her Style be liable in any way for any items or content posted by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via the Service. You acknowledge that Her Style does not pre-screen items or content, but that Her Style and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any items or content that is available via the Service. Without limiting the foregoing, Her Style and its designees shall have the right to remove any item or content that violates these Terms of Service or is deemed by Her Style, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any items or content, including any reliance on the safety, condition, accuracy, completeness, or usefulness of such items or content.

User Content Posted on the Site:You are solely responsible for the content you post or transmit on or through the Service (collectively, "User Content"). You will not post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By posting or otherwise transmitting any User Content you hereby grant and will grant to Her Style and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Her Style, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet or on Third Party Services such as Facebook, sharing it with blogs, etc., and allowing other users to share listings that include your User Content).


You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Her Style are non-confidential and Her Style shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Her Style may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Her Style, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Infringement Policy:Her Style respects the intellectual property of others, and we ask our users to do the same. Her Style will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Her Style has no control over such sites and resources and Her Style is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Her Style shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Her Style is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold Her Style and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (including any sale or purchase of any items through the Service), any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Her Style EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Her Style MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Her Style SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Her Style HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL Her Style'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO Her Style AS A SELLER IN THE LAST SIX (6) MONTHS.


SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Arbitration

At Her Style's or your election, all disputes, claims, or controversies arising out of or relating to these Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before the sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996 and place of arbitration will be held in Bangalore, Karnataka, India. The arbitration must commence within 30 (Thirty) days of the date on which a written demand for arbitration is filed by either party. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Termination

You agree that Her Style, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if Her Style believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Her Style may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Her Style may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Her Style shall not be liable to you or any third-party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and Her Style will have no liability or responsibility with respect thereto. Her Style reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

General

These Terms of Service constitute the entire agreement between you and Her Style and govern your use of the Service, superseding any prior agreements between you and Her Style with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service shall be governed by the laws of India without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Her Style agree to submit to the personal and exclusive jurisdiction of courts located in Bangalore, Karnataka, India. The failure of Her Style to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

Questions? Concerns? Suggestions?

Please contact us at support@herstyle.in to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.