This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Face2Shop’s service via Face2Shop Portal and Software Application. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
This is an agreement between Face2Shop Virtualtech (OPC) Pvt Ltd. , a company incorporated under the Companies Act 2013 with its registered office at N 93/9,k 731-2389,varthur, Main Road, Munnekolalu, Marathahalli Colony, Bangalore, Bangalore North, Karnataka, India, 560037 , the owner and operator of www.face2shop.com (the "Face2Shop Site"), the Face2Shop Application Software "Face2Shop Mobile App", including collectively, including all content provided by Face2Shop through Face2Shop Application and the Face2Shop Site, the "Face2Shop Service", or the "Service", and you ("you" or "You"), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE TERMS OF USE AND Face2Shop’s PRIVACY POLICY . If you choose to not agree with any of these terms, you may not use the Service.
Face2Shop Service:
These Terms of Service apply to all users of the Face2Shop Service.
Information provided by our users through the Face2Shop Service may
contain links to third party websites that are not owned or
controlled by Face2Shop. Face2Shop- has no control over, and assumes
no responsibility for, the content, privacy policies, or practices
of any third party websites. Also, Face2Shop does not assume any
liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of third
party content on the Site. In addition, Face2Shop will not and
cannot censor or edit the content of any third-party site. By using
the Service, you expressly acknowledge and agree that Face2Shop
shall not be responsible for any damages, claims or other liability
arising from or related to your use of any third-party website. You
understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect Face2Shop’s belief.
Face2Shop only acts as an intermediary medium of communication
between you and sellers/shops listed with Face2Shop. You are
cautioned to make payments, agree to seller/shop agreements etc at
your own discretion. Face2Shop shall not be held liable for any
damages to products or differences in the media shown on the
platform and product received.
Right to Modify or Discontinue Service
and Sites:
We do not represent or warrant that the Face2Shop Site will be
error-free, free of viruses or other harmful components, or that
defects will be corrected. We do not represent or warrant that the
information available on or through the Face2Shop Site will be
correct, accurate, timely or otherwise reliable. We may make changes
to the features, functionality or content of the Face2Shop Site and
App at any time. We reserve the right in our sole discretion to edit
or delete any documents, information or other content appearing on
the Site and App. Face2Shop reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently,
the Services and/or Sites (or any part thereof) with or without
notice. Face2Shop shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service or
any Sites.
Face2Shop Access:
Availability:
System Requirements:
Intellectual Property Rights:
The Face2Shop company names, logos, all related products and service
names, design marks, slogans, trademarks, service marks, copyright,
database rights (and other intellectual property rights of any
nature in the Application) together with the underlying software
code in the App ("Intellectual Property") is owned by and used under
license by Face2Shopl or its subsidiaries or affiliate companies.
All other Intellectual Properties herein are the property of their
respective owners. All copies that you make of the Materials on any
of the Media must bear any copyright, trademark or other proprietary
notice located on the respective Media that pertains to the material
being copied. You are not authorized to use Face2Shop's Intellectual
Property in any advertising, publicity or in any other commercial
manner. Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer, supplier or
otherwise does not constitute or imply endorsement, sponsorship or
recommendation thereof by Face2Shop.
For removal of doubts, it is clarified that, by accepting these
terms, you hereby waive and grant to Face2Shop all rights including
intellectual property rights and also "moral rights" in the Reviews,
Ratings and Comments posted by you at Face2Shop through any of
mediums of Face2Shop and that Face2Shop is free to use all such
Review, Ratings and Comments as per its (Face2Shop’s) requirements
from time to time.
User Submissions & Specific Features:
Warranty:
THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING
THE WEBSITE ) ARE PROVIDED "AS IS'' AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. FACE2SHOP DISCLAIMS, TO THE FULLEST EXTENT
PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND
MATERIALS. FACE2SHOP DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS
WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. FACE2SHOP DISCLAIMS ANY AND ALL WARRANTIES TO
THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY
INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR
RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME
COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND
JURISDICTION TO JURISDICTION. IN NO EVENT SHALL FACE2SHOP BE LIABLE
TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE
MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL,
PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES
FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN
WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT
(INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF FACE2SHOP IS AWARE
OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING
OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR
PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE
UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM
ANY MEDIA. FACE2SHOP DOES NOT ASSUME ANY LEGAL LIABILITY OR
RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY
INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR
OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA
ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE
FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH
COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY
LAW.
ADDITIONAL DISCLAIMER:
Users using any of Face2Shop service across the following mediums
i.e. through internet i.e. www.face2shop.com Website, Wapsite, SMS,
phone or any other medium are bound by this additional disclaimer
wherein they are cautioned to make proper enquiry before they
(Users) rely, act upon or enter into any transaction (any kind or
any sort of transaction including but not limited to monetary
transaction) with the Advertiser listed with Face2Shop. All the
Users are cautioned that all and any information of whatsoever
nature provided or received from the Advertiser/s is taken in good
faith, without least suspecting the bonafides of the Advertiser/s
and Face2Shop does not confirm, does not acknowledge, or subscribe
to the claims and representation made by the Advertiser/s listed
with Face2Shop. Further, Face2Shop is not at all responsible for any
act of Advertiser/s listed at Face2Shop.
Limitation of Liability:
IN NO EVENT SHALL FACE2SHOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY
Indemnity:
You agree to defend, indemnify and hold harmless Face2Shop officers,
directors, employees and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees) arising
from:
Ability to Accept Terms of Service:
Only adults, who are at least eighteen (18) years of age, are
eligible to use our service, whether for personal use or on behalf
of a business. If you are an individual, you must be fully competent
to enter into and to comply with the terms, conditions, obligations,
representations, and warranties set forth in these Terms of Use. By
using this service, you represent and warrant that you have the
right, authority, and capacity to enter into these Terms of Use and
can abide by all of the terms and conditions set forth therein.
Assignment:
These Terms of Service, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be
assigned by Face2Shop without restriction.
Miscellaneous:
You agree that we may assign these Terms of Use without prior notice
to a successor entity in the event of a merger, acquisition, or sale
of all or part of our business. No waiver of any breach of the Terms
of Use, no matter how long continuing or how often repeated will be
deemed a waiver of any subsequent breach, nor shall any delay or
omission to exercise any right, power, or privilege hereunder be
deemed a waiver of such right, power, or privilege. If any section
of these Terms of Use is held to be unenforceable or in conflict
with the law of any jurisdiction, the validity of the remaining
paragraphs shall not be affected by such holding. The meaning of
that section shall be construed to the extent feasible to render the
section enforceable and to give effect to the Parties' intentions as
reflected in the section. If no feasible interpretation would save
such a section, it is to be severed from the remainder of these
Terms of Use, which are to remain in full force and effect. The
Terms of Use constitute the entire agreement between you and us with
respect to the subject matter set forth herein. The section headings
and subheadings contained in these Terms of Use are included for
convenience only and shall not limit or otherwise affect these Terms
of Use.
Governing Law:
These Terms will be governed by and construed in accordance
with the Indian laws, without giving effect to its conflict of laws'
provisions or your actual state or country of residence, and you
agree to submit to personal jurisdiction in India. Courts at
Bengaluru will have the exclusive jurisdiction. You are responsible
for compliance with applicable laws. If for any reason a court of
competent jurisdiction finds any provision or portion of the Terms
to be unenforceable, the remainder of the Terms will continue in
full force and effect. Face2Shop reserves the right to investigate
complaints or reported violations of these Terms and to take any
action we deem necessary and appropriate. Such action may include
reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties. In addition, we may
take action to disclose any information necessary or appropriate to
such persons or entities relating to user profiles, e-mail
addresses, usage history, posted materials, IP addresses and traffic
information. Face2Shop reserves the right to seek all remedies
available at law and in equity for violations of these Terms.