Terms And Conditions For Use
TERMS AND CONDITIONS FOR USE
Your use of this website i.e. http://www.tresclassy.com is subject to these website legal terms and conditions ("Terms" herein). By using the Web Site, you agree that you have read and understood these Terms and you agree to be bound by these Terms and use the Web Site in compliance with these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS BELOW, DO NOT CLICK THE “I AGREE” BOX BELOW, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE WEBSITE. By clicking “I AGREE”, you also consent to use electronic signatures and acknowledge your click of the “I Agree” as the one. You expressly represent and warrant that you will not use the Web Site if you do not understand, do not agree or have no legal capacity (i.e. minority of age, lunatic mind or any other legal incapacity) to become a party to, and abide by all of the Terms specified below. Violation of these Terms can result in legal liability to you. Nothing in these Terms should be construed to confer any rights to third party beneficiaries.
For purposes of these Terms, “we”, “us” “our” refers to tresclassy.com and Splurge Lifestyle (“Trèsclassy” herein) and includes its partners, officers, employees, representatives and any agent(s) who have been so authorized by Trèsclassy to act in its behalf; and “you”, “your” and “yours” refers to you, the customer using the Web Site who indicates his/her acceptance/rejection of these Terms below (and deemed to mean and include your parents and natural or legal guardians, as appropriate, in case you are minor or in any-way incapacitated/debarred from contracting).
If you are using Trèsclassy on behalf of a company or other legal entity or organization, you are nevertheless individually bound by the Agreement even if your company has a separate agreement with us.
Our mission is to deliver highly exclusive fashion products and ensure a guilt free shopping experience for every age group. We don't believe in fashion seasons, but in spoiling our customers for choice, and so we have new arrivals biweekly. While presenting our products, we keep one simple strategy in mind - 'If we love it enough to wear it, only then is it worth selling!'
By using the Web Site, you agree as follows:
- 1. DEFINITIONS:
1.1 “Applicable Laws” means all applicable laws (including, without limitation, those related to Information Technology Act, 2000 and other internet trading rules & cyber laws), by-laws, rules, regulations, orders, ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental authority of the Republic of India, whether in effect on the date of these Terms or thereafter (including those related to the prevention of money laundering).
1.2 “Business Associates” includes preferred partners, content providers, suppliers, licensors and affiliated legal entities around the world.
1.3 “Content” includes any and all information, data, material, software, form, record, documents, Products and other content (including without limitation, opinions, suggestions, messages, comment, directions, guides, graphics, photographs, logos and audio or video clips) which is available on the Web Site in any form (whether written, printed, audio, visual, and audiovisual works or otherwise in any other form). Such Content may be owned by Trèsclassy or Trèsclassy has requisite right to share it on the Web Site or may be provided or shared by the Business Associate on behalf of Trèsclassy or may be shared by any person (including you) on the Web Site, if so allowed by Trèsclassy. For clarification of doubt, it is specified that Content includes Website Content and User Content (if any) unless specifically excluded by the Terms herein.
1.4 “Intellectual Property” includes all patents, trademarks, permits, service marks, brands, trade names, trade secrets, proprietary information and knowledge, technology, computer programs, databases, copyrights, licenses, formulae, designs and other confidential information.
1.5 "Intellectual Property Rights” (IPRs) means all rights, benefits, title or interest in or to any Intellectual Property (whether registered or not) in the territory of its operation.
1.6 “Losses” includes any claims, losses, liability (whether actual, contingent or otherwise), damages and expenses (including, without limitation, any legal fees to the attorney, costs, charges, demands, actions, injury, harm, hurt liabilities expenses or disbursements incurred or made therein or incidental thereto).
1.7 “Personally Identifiable Information” includes personal information of the User such as name, surname, postal address, e-mail address, telephone or mobile number, photograph etc which the User has to submit to the Web Site while using the Web Site (whether for registration, subscription or for any other purpose or reasons).
1.8 “Products” includes goods, products, equipments, materials of any and every kind and nature including without limitation to clothing, accessories, watches, mobile accessories, designer handbags etc.
1.10 “Trèsclassy Account” means an account created/opened by you by registering yourself with Trèsclassy by submitting your Personally Identifiable Information and agreeing to abide by the Agreement (including the Terms herein). Such account can be created by you either for the purpose of using or accessing Web Site, or using and/or subscribing to the services of Trèsclassy or Content available on the Web Site, or for any other lawful purpose, if the same is accepted by Trèsclassy.
1.11 “User” means any person (natural, artificial or otherwise) using the Web Site or the products or services available on the Web Site or the Content of the Web Site. For clarification of doubt it is specified that the term User includes both authorized users and unauthorized users.
1.12 “User Content” means any information, data, material, software, form, record, documents and other content (including without limitation opinions, directions, suggestions, comments, messages, guides, graphics, photographs, logos and audio or video clips), created/developed and submitted/inserted/uploaded/entered by you or through your Trèsclassy Account on the Web Site in any form (whether written, printed, audio, visual, and audio-visual works or otherwise in any other form) and which was neither available on the Web Site nor owned by us or our Business Associates,. For clarification of doubt it is specified that you (being a User) and your User Content must be in compliance with our ‘User Content and Conduct Policy’ as set out in Schedule I hereto.
1.13 “Website Content” means all information, data, material, software, form, record, documents and other content (such as data files, written text, computer software, opinions, comments, suggestions, messages, directions, guides, graphics, logos, designs, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Web Site but which may or may not be directly owned by Trèsclassy (or it may be owned by the Business Associates or may be some User Content).
1.14 The term “we”, “us”, “our”, “Trèsclassy” including all its synonyms and would mean tresclassy.com and Splurge Lifestyle having its registered office at SPLURGE LIFESTYLE, 49[N1] /21 Asheerwad Building, Near VVF Company, Sion (East), Mumbai-400022, India. The term would also include its partners, officers, employees, representatives and any agent(s) who have been so authorized by Trèsclassy to act in its behalf.
1.15 “Web Site” means www.tresclassy.com
1.16 “you”, “your” and “yours” refers to you, the User using the Web Site (and includes your parents and natural or legal guardians, as appropriate, in case you are minor or in any-way incapacitated/debarred from contracting).
- In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced website(s).
- In the Agreement, unless the context otherwise requires:
- the singular includes the plural and vice versa and words in one gender include both genders;
- a reference to a statute or statutory provision includes: (A)any subordinate legislation made under it; (B) any repealed statute or statutory provision which it re-enacts (with or without modification); and (C) any statute or statutory provision which modifies, consolidates, re-enacts or supersedes it;
- a reference to: (A) any party includes its successors in title and permitted assignees; (B) a "Person" includes any individual, firm, body corporate, association or partnership, government or state (whether or not having a separate legal personality); and (C) a Clause, Schedule is to a clause of or an annexure or schedule to the Agreement;
- any undertaking under the Agreement not to do any act or thing shall be deemed to include an undertaking not to permit the doing of that act or thing.
- The Agreement (including the Terms herein) overrides and takes the place of any other terms or conditions emanating from or referred to by Trèsclassy or the User in relation to the subject matter of the Agreement, including but not limited to any terms and conditions printed on the Trèsclassy's invoices or on User’s purchase order, registration form or otherwise.
- In the event of any conflict between any Clause of Terms herein of the Agreement and Clause of any other document which is also a part of the Agreement, the Clause of the Terms herein will prevail followed by the Clause of any other document to the extent of the inconsistency.
- Unless the context requires otherwise, the capitalized terms used in any documents/ part/ Clause of the Agreement shall have the meaning ascribed to them in the ‘terms and condition for use’ (i.e. the Terms herein). The link to the Terms is available at the home page of the Web Site.
- 2. Notice:
2.2 None of the Products available on our Web Site can be treated or deemed as a substitute for any other products, goods, equipment or otherwise. Always seek the necessary expert advice before using our products. We do not certify or endorse the Content on this Web Site, including without limitation any Product, opinion, recommendation, suggestion, advice, comment, messages, or any other information contained in the Content.
2.3 We are not responsible for harm to any person or property that results from your use of our Web Site (including without limitation, use of any Content on the Web Site).
2.4 Your use of the Web Site is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Web Site, including sending you electronic notices. If you do not wish to deal electronically, do not use this Web Site. Delivery of electronic notice is not infallible, so you agree to contact us if you need information about the Web Site. You agree to keep all records relating to your use of the Web Site and to print or make an electronic copy of the Agreement and any disclosures provided on the Web Site. Except as prohibited by law, you waive any law requiring different communication methods in connection with your use of this Web Site. We reserve the right, at our sole discretion, to deliver notices and disclosures by any other means (including physical or electronic mode).
2.5 We expressly reserve the right to modify, amend, supplement or change these Terms at any time without notice. The amended Terms will be posted and made available on this page. You are responsible for regularly reviewing these Terms and identify the changes and amendments yourself. The revised Terms shall be effective immediately upon posting unless otherwise specified. You are bound by the latest version of Agreement (including Terms hereof).
2.6 If you do not agree to be bound by (or cannot comply with) these Terms, as amended, your only remedy is to discontinue your use of the Web Site. You will be deemed to have accepted the Terms, as amended, if you continue to use the Web Site after such amendment is effective.
2.7 This version of these Terms supersedes all earlier versions.
- 3. License to Use the Web Site:
3.1 Subject to observance and compliance of these Terms by you, we grant to you a limited, personal, worldwide, non-exclusive, royalty-free, non-assignable and non-transferable license to use the Web Site for personal and non-commercial purposes.
3.2 Except for the said license granted to you under this Clause 3, we retain all right, title, and interest in and to the Web Site (and the Content thereof), including all Intellectual Property Rights arising out of and in connection with the Web Site (and every Content thereof). The Web Site is protected by Applicable Laws relating to Intellectual Property Rights (including Copyright laws in India and, United States copyright law and International Copyright Treaties).
3.3 Except as otherwise explicitly provided in these Terms or as may be expressly permitted by Applicable Law or unless you have been specifically permitted to do so by us in writing, you will not (and you will not permit/allow/abet anyone else to):
- copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Web Site, its software or any part thereof;
- rent, lease, assign, sell, transfer or sublicense your rights to use the Web Site, its software or any part thereof;
- circumvent or disable any security or technological features or measures of the Web Site.
3.4 Trèsclassy may have several Business Associates within India and abroad. Sometimes, these Business Associates will be providing the services or Content on the Web Site to you on behalf of Trèsclassy itself. You acknowledge and agree that Business Associates will be entitled to provide the services and Content to you.
3.5 The license in this Clause 3 does not include permission to copy the design elements or layout of this Web Site. Those elements may be protected by the Applicable Laws, and may not be copied or imitated in any manner.
3.6 Subject to Applicable Law, we reserve the right to revoke the above permission at any time and to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice.
3.7 Except as expressly provided in these Terms, neither we nor any third party has conferred upon you by implication, estoppels, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.
- 4. Access to the Web Site; Modifications to the Web Site
4.1 We shall not be responsible for any liability (including any third party fees charged to you) whatsoever in connection with your usage of the Web Site or for your use of any Contents of Web Site.
4.2 We reserve the right to modify, suspend or discontinue, temporarily or permanently, all or any part of the Web Site for any reason, without any notice and without any liability to you or to any other User or to any third party.
4.3 The Web Site is not intended for or directed to persons under the age of 18 years.
- 5. Restrictions on use of Content:
5.1 You agree to use the Web Site only for purposes that are permitted by (a) the Terms and (b) any Applicable Law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.2 Except as may be expressly permitted by Applicable Laws and authorized by us in writing, you will not (and you will not permit/allow/abet anyone else to):
- store, copy, modify, distribute, publish or resell any of the Content or compile or collect any Content (except your own User Content) as a part of database or other work;
- use any automated tool (e.g., robots, spiders) to use the Web Site;
- rent, lease, or sublicense your access to the Content to another person (except your own User Content);
- use the Web Site or Content for any purpose except for your own personal use;
- circumvent or disable any digital rights management, usage rules, or other security features of the Web Site or any Content;
- use the Web Site in a manner that threatens the integrity, performance, or availability of the Web Site or its Content; or
- remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Web Site or of the Content.
- 6. Service; Rules Relating Services:
6.1 We provide you with several services (including without limitation access to certain Contents, use of Web Site etc) depending upon your membership and User subscription. Further, you are solely, absolutely and completely responsible for all your User Content stored, accessed or uploaded in or through your Trèsclassy Account. We do not control or regulate the User Content and do not guarantee accuracy, integrity or quality of the content. We are not responsible for any Losses caused to you or User Content by any data that is available through our service or our Content.
6.2 To be eligible to use the service, you must meet the following criteria and represent and warrant that you:
- are an adult and not currently restricted from the services, or not otherwise prohibited from having a Trèsclassy Account;
- are not a competitor of Trèsclassy or are not using the services for reasons that are in competition with Trèsclassy;
- will only maintain and access one Trèsclassy Account at any given time;.
- will use your real name and only provide accurate information (including latest photograph, postal address, e-mail id and such other requisite personal information)to Trèsclassy, as may be needed;
- have full power and authority to enter into the Agreement (including the Terms herein) and doing so will not violate any other agreement to which you are a party;
- will not violate any rights of Trèsclassy or third party, including intellectual property rights such as copyright or trademark rights; and
- agree to use at your cost all equipment, software, mobile access, and internet access necessary to use the services.
- are solely responsible for your interactions with other Users of Web Site.
6.3 If you use the services, you are solely responsible for communications posted by you or through your Trèsclassy Account. You agree that you will not do, commit or abet in doing or committing any of the act, deed, or thing mentioned herein-below. Violation of any of the following rules or doing any of the following act constitutes a material breach of this Agreement and further you are also liable to be prosecuted under the Applicable Law or the law of land of your jurisdiction:
- Using the service for any purpose in violation of local, state, national, or international laws;
- Providing false information on your registration form or impersonating any person;
- Posting material that infringes on the Intellectual Property Rights of others or on the privacy or publicity rights of others;
- Posting or transmitting any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by us at our sole discretion;
- Posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, "junk mail," "spam," "chain letters," “links to third party sites”, “links to competitors sites” or any unsolicited mass distribution of email;
- Posting surveys, contests, or pyramid schemes;
- Posting improper questions or answers that are not related to the particular topic;
- Stalking, hacking of any kind (whether of Content, password or otherwise), harassing, or otherwise harming others;
- Distributing viruses, trojan, errors, bugs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Collecting or storing personal data about other Users of the Web Site; inducing, enticing, soliciting, recruiting, luring, or attempting to induce, entice, solicit, recruit, or lure Users or experts to another Web Site which, in our reasonable determination, is a competitor for us.
- Engaging in any other conduct that inhibits any other person from using or enjoying the service or the Web Site;
- Engaging in any other behavior on the Web Site, which in our sole discretion is unacceptable.
- Posting comments or otherwise in any manner defame, derogate, disrepute, or criticize the service of Trèsclassy in public domain (including without limitation in internet, print, audio, picture, video and audiovisual media).
6.4 We may (but are not obligated to) remove any Content (including User Content) or service for any reason, with or without notice to you, and may also terminate your access to the Web Site.
6.5 User-to-User Communication and Sharing Trèsclassy Users are not permitted to share, distribute and reproduce any Content with other Users on the Website. If the same is done, Trèsclassy, in its sole discretion, may close the User account or remove content from them if the content violates the Agreement (including the Terms herein) or others’ Intellectual Property Rights. Please note that in case if Trèsclassy allows you to post ideas and share information, then such ideas and information may be seen and used by other Users, and Trèsclassy cannot guarantee that other Users will not use the ideas and information that you share on Trèsclassy. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it on Trèsclassy, in any User Content, or elsewhere on Trèsclassy. TRÈSCLASSY IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR SUBMISSIONS YOU POST ON TRÈSCLASSY.
- 7. Products; Rules relating to Products:
7.1 We provide you with several Products (including without limitation a wide range of clothing, watches, designer handbags, mobile accessories, neck and hand accessories, etc.[N2] ). These Products may be directly provided by Trèsclassy, or it’s Business Associates on the direction of Trèsclassy. Trèsclassy including its Business Associates (whether content providers, or preferred partners, suppliers etc) have varying quality of Products. We do not certify quality of Products and accuracy of any Content or certify that any level of expertise relevant to that Content has been met. Further, none of the Products available on our Web Site can be treated or deemed as a substitute for any other products, goods, equipment or otherwise. Always seek the necessary expert advice before using our products.
7.2 We are not responsible for harm to any person or property that results from your use of our Products.
7.3 To be eligible to use the Products, you must meet the following criteria and represent and warrant that you:
- are an adult and not currently restricted from the services and Products, or not otherwise prohibited from having a Trèsclassy Account;
- are not a competitor of Trèsclassy or are not buying the Products for reasons that are in competition with Trèsclassy;
- have full power and authority to enter into the Agreement (including the Terms herein) and doing so will not violate any other agreement to which you are a party;
- will not violate any rights of Trèsclassy or third party, including intellectual property rights such as copyright or trademark rights; and
7.4 If you use the Products, you agree that you will not do, commit or abet in doing or committing any of the act, deed, or thing mentioned herein-below. Violation of any of the following rules or doing any of the following act constitutes a material breach of this Agreement and further you are also liable to be prosecuted under the Applicable Law or the law of land of your jurisdiction:
- Using the Products for any illegal or fraudulent purpose, for the purposes in violation of local, state, national, or international laws;
- Providing false information on your registration form or impersonating any person;
- Using the Products in a manner which in our sole discretion is unacceptable.
- All terms of Clause 6.3 as far as applicable to the Products.
7.5 Payment Option and mode of Product Payment: If you purchase any products as available on the Web Site, you agree to pay the applicable shipping and delivery charges plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay would result in cancellation of the order and may result in serious action against you which may include in addition to and without limitation to you being ineligible to receive any of our services in future. We do not support all payment methods, currencies or locations for payment. As on date, payment can be made only in India Rupees and all the payment instruments must have been issued subject to Indian regulations.
While making any transaction you agree that Trèsclassy does not store your payment information. We do not guarantee refunds or exchange for lack of usage or dissatisfaction or defects. You also acknowledge that our Product Payment Option is subject to this Agreement, related to the provision of the Payment Option and Mode of Product Payment.
- 8. Your Warranties:
In consideration for the rights granted to you to use the Web Site, you represent, warrant, covenant and agree for the benefits of Trèsclassy and Business Associates that:
8.1 You are an “adult”, having attained the minimum age of 18 years and/or the age of majority within your jurisdiction, and are of sound mind, not barred from entering into a contract by any existing law of the land and, capable of taking responsibilities for your actions. If you are minor (i.e. below the age of 18 years or below the age of majority in your jurisdiction) or in any way incapacitated/barred from entering into contract, you are represented by your parents or natural guardian(s) or legal guardian(s), as appropriate, the details whereof is provided by you, and you have obtained verifiable parental consent to use the Web Site, services and Contents, and the Terms hereof are accepted by them as your guardian.
8.2 You possess the legal right and ability to enter into and make the representations and warranties contained in these Terms.
8.3 You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form (such information being the “Personally Identifiable Information") and;(b) maintain and promptly update the Personally Identifiable Information to keep it true, correct, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or Trèsclassy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Trèsclassy has the right to suspend or terminate your Trèsclassy Account and refuse any and all current or future use of the Web Site, its service or Content (or any portion thereof).
8.5 You acknowledge and agree that if Trèsclassy disables access to your Trèsclassy Account, you may be prevented from accessing the Web Site, your Trèsclassy Account details or any files or other Content (including User Content) which is contained in your Trèsclassy Account and that you shall not hold Trèsclassy responsible for the same in any manner whatsoever.
8.6 You are solely responsible for any telecommunication devices, networks, GPRS, Internet access services and other consents and permissions, if any, required in connection with your use of the Web Site, our services and the Content; and
8.7 You do not find the Web Site or our promotions and other materials to be in any way offensive, indecent, objectionable or obscene.
8.8 You agree that you are solely responsible for [and that Trèsclassy has no responsibility to you or to any third party for] any breach of your obligations under the Terms and for the consequences (including any loss or damage which Trèsclassy may suffer) of any such breach.
8.9 You will not use the Web Site or the Content for any illegal, unlawful, immoral or for any purpose prohibited or unauthorized by the Terms herein.
8.10 You will be responsible for all use of your Trèsclassy Account even if such use was conducted without your authority or permission (for example, and not by way of limitation, if an unauthorized third party submits or answers a question under your Trèsclassy Account or communicates / publishes or otherwise makes some or all your information available to public including change of your privacy settings and information in User Content);
8.11 All the Submissions you insert/enter/add/incorporate/load on the Web Site are created, developed and owned by you and we using those Submissions do not infringe or violate the Intellectual Property Rights or other rights of any third party.
- 9. Your password and Trèsclassy Account security:
9.1 As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, already allotted to any other User, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
9.2 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any Trèsclassy Account you use on the Web Site.
9.3 You agree to: (a) keep your password secure and confidential; (b) not permit others to use your account; (c) not use other’s accounts; (d) not sell, trade, or transfer your Trèsclassy Account to another party; and (5) not charge anyone for access to any portion of Web Site, or any Content therein.
9.4 You agree that you will be solely and fully responsible to us for all activities that occur under your Trèsclassy Account.
9.5 If you become aware of any unauthorized use of your password or of your Trèsclassy Account you agree to notify us immediately at firstname.lastname@example.org. However, we are not liable to restore your Trèsclassy Account to its previous state or for any of the damage caused by the unauthorized use.
9.6 You agree to ensure that you exit and log-out from your Trèsclassy Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause9.
- 11. Other Content in the Web Site:
11.1 You understand that all Website Content to which you may have access to as part of, or through your use of the Web Site are the sole responsibility of the person from whom such content originated.
11.2 You should be aware that Website Content at times, presented to you as part of the Web Site, including but not limited to advertisements on the Web Site and sponsored Website Content within the Web Site may be protected by Intellectual Property Rights which are owned by the sponsors or advertisers who provide suchWebsite Content to Trèsclassy (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, transfer, distribute or create derivative works based on this Website Content (either in whole or in part) unless you have been specifically told that you may do so by Trèsclassy.
11.3 Trèsclassy reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Website Content from the Web Site. For some of the services on Web Site, Trèsclassy may provide tools to filter out explicit sexual content.
11.4 You understand that by using the Web Site you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Web Site at your own risk.
- 12. Linking to This Web Site:
If you link to this Web Site, you are permitted to link only to the home page: http://www.tresclassy.com. Framing of this Web Site as part of other websites, and in-line linking or any other manner of incorporating parts of this website as part of another website may be permitted with the prior written consent of Trèsclassy.
- 13. Proprietary Rights
13.1 You acknowledge and agree that Trèsclassy owns all legal right, title and interest in and to the Web Site, including any Intellectual Property Rights which subsist in the Web Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Web Site may contain information which is designated confidential by Trèsclassy and that you shall not disclose such information without Trèsclassy’s prior written consent.
13.2 You acknowledge and agree that Trèsclassy own all legal right, title and interest in and to the Content (except User Content), including every copyright and any other Intellectual Property Rights which subsist in such Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Content (not being a User Content) may contain information which is designated confidential by Trèsclassy and that you shall not disclose such information to any person without Trèsclassy’s prior written consent.
13.3 Unless you have agreed otherwise in writing with Trèsclassy, nothing in the Terms gives you a right to use any of Trèsclassy’s Intellectual Property Rights (including without limitation, trade names, trademarks, service marks) logos, domain names, and other distinctive brand features.
13.4 If you provide to this Web Site with any information, including without limitation, postings, feedback, data, questions, transmit, display, comments or suggestions ("Submissions") and other User Content, those Submissions and User Content will be deemed to be not confidential. By providing User Content or Submissions to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. Further, you grant us a fully paid up and royalty-free, non-exclusive, perpetual, irrevocable, world-wide, unlimited, assignable, sub-licenseable right cum license to use, copy, reproduce, create derivative works of, improve, distribute, publish, remove, retain, edit, add, process, analyze, adapt, modify, translate, sell, transmit, transfer, publicly display, publicly perform and commercialize, in any way and in any form/ media now known or in future discovered/developed, the Submissions and User Content you provide, directly or indirectly to us (including but without limitation User generated content, ideas, concepts, techniques and/or data to the services, you submit to us), without any further consent, notice and/or compensation to you or to any third parties. We may sublicense these rights to third parties. Any User Content or Submissions you submit to us is at your own risk of loss.
13.5 Other than the limited license set forth in Clause 13.4 above, Trèsclassy acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any User Content and Submissions that you submit on, or through, the Web Site, including any Intellectual Property Rights which subsist in that User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Trèsclassy, you agree that you are responsible for protecting and enforcing those rights and that Trèsclassy has no obligation to do so on your behalf.
13.6 You further acknowledge and agree that Website Content contained in sponsor advertisements or information presented to you through the Web Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and Applicable Law. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Web Site.
13.7 Unless you have been expressly authorized to do so in writing by Trèsclassy, you agree that in using the Web Site, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- 14. Terminating/ Ending your relationship with Trèsclassy
14.1 The Terms will continue to apply until terminated by either you or Trèsclassy as set out below.
If you want to terminate the Terms, you may do so by (a) notifying Trèsclassy at any time and (b) closing your Trèsclassy Account for the Web Site which you use, where Trèsclassy has made this option available to you. Your notice can be sent either via e-mail to email@example.com or should be sent, in writing, to Trèsclassy’s address which is set out herein-below.
OFFICE ADDRESS :
49/21, Asheerwad Building, Opp. VVF Company, Sion (East), Mumbai-400022, India.
14.2 Trèsclassy in its sole discretion, without any prior notice may at any time, terminate your password, Trèsclassy Account (or any part thereof) or use of the Web Site, and remove and discard any User Content within the Web Site, for any or no reason, including, without limitation, if:
- Trèsclassy believes that you have breached any provision of the Agreement (or any of the Terms) (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Agreement and these Terms); or for lack of use; or
- Trèsclassy is required to do so by Applicable Law (for example, where the provision of the Web Site to you is, or becomes, unlawful); or
- Trèsclassy is transitioning to no longer providing the Web Site to Users in the country in which you are resident or from which you use the Web Site; or
- the provision of the Web Site to you by Trèsclassy is, in Trèsclassy’s opinion, no longer commercially viable.
- Closure of business of Trèsclassy and / or Web Site.
- any other reason that Trèsclassy may deem fit.
14.3 You agree that any termination of your access to the Web Site under any provision these Terms may be effected without prior notice, and acknowledge and agree that Trèsclassy may immediately deactivate or delete your Trèsclassy Account and all related information, services, files or Contents (including User Content, if any) in your Trèsclassy Account and/or bar any further access to such files, service or Content (including User Content, if any). Further, you agree that Trèsclassy shall not be liable to you or any third party for any termination of your access to the Web Site or for any termination of your access to any files, service or Content (including User Content, if any) on the Web Site or in Trèsclassy Account.
14.4 Upon termination of your Trèsclassy Account, you lose access to the Web Site services and the Content including User Content.
14.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Trèsclassy have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 21.4 shall continue to apply to such rights, obligations and liabilities indefinitely.
14.6 Termination of the Terms for any cause shall not release you from any liability which at the time of termination has already accrued to Trèsclassy or which thereafter may accrue in respect of any act or omission prior to such termination.
- 15. Disclaimer of Warranties:
15.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 15 AND 16, SHALL EXCLUDE OR LIMIT TRÈSCLASSY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE, SERVICES AND CONTENTS ARE AT YOUR SOLE RISK AND THAT THE WEB SITE, SERVICES AND CONTENTS ARE PROVIDED "AS IS" AND “AS AVAILABLE”, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND.
15.3 IN PARTICULAR, TRÈSCLASSY AND ITS BUSINESS ASSOCIATES DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE WEB SITE, SERVICES OR CONTENTS WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE WEB SITE, SERVICES AND CONTENTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB SITE, SERVICES AND CONTENTS WILL BE ACCURATE OR RELIABLE, AND
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEB SITE, SERVICES AND CONTENTS WILL BE CORRECTED.
- YOUR USE OR ACCESS OF WEB SITE, SERVICES OR CONTENTS SHALL BE WITHOUT ANY VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND/OR; WE ARE UNDER ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE AND CONTENT IS WITH YOU.
15.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE, SERVICES AND CONTENTS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
15.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRÈSCLASSY OR THROUGH OR FROM THE WEB SITE, SERVICES AND CONTENTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
15.6 TRÈSCLASSY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
15.7 USER CONTENT POSTED BY YOU ON THE WEB SITE IS ENTIRELY AT YOUR OWN RISKS. WE DO NOT REPRESENT, WARRANT OR GUARANTEE THAT OUR WEB SITE IS HACKING-PROOF OR YOUR CONTENT IS SAFE ON THE WEB SITE OR THAT NO THIRD PARTY CAN HACK OUR WEB SITE, SERVICES OR CONTENT THEREOF AND THEREFORE, WE EXPRESSLY DISCLAIM ALL THE LIABILITY, RESPONSIBILITY OR RISKS THEREOF.
- 16. Limitation of Liability
16.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRÈSCLASSY AND ITS BUSINESS ASSOCIATES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY BENEFICIARY FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT OR LOSS OF OPPORTUNITY (WHETHER INCURRED DIRECTLY OR INDIRECTLY), BUSINESS INTERRUPTION, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING ACT OF GOOD FAITH OR OF REASONABLE CARE, LACK OF DUE CARE OR ACT OF NEGLIGENCE, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, SERVICES OR CONTENT, OR OTHER INTANGIBLE LOSS, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE OR THE SERVICE OR THE CONTENT, THE DELAY OR INABILITY TO USE THIS WEB SITE OR THE SERVICE OR THE CONTENT, OR IN ANY MANNER WHATSOEVER UNDER THE AGREEMENT;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTIEMENT APPEARS ON THE WEBSITE;
- ANY CHANGES WHICH TRÈSCLASSY MAY MAKE TO THE WEB SITE, SERVICES AND CONTENTS OR FOR ANY PERMANENT OR TEMPORARY CESSATION OR DISCONTINUANCE OF THE WEB SITE, SERVICES OR CONTENTS (OR ANY FEATURES WITHIN THE WEB SITE, SERVICES OR CONTENTS);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT (INCLUDING USER CONTENT) AND OTHER COMMUNICATION DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;
- YOUR FAILURE TO PROVIDE TRÈSCLASSY WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR TRÈSCLASSY ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF TRÈSCLASSY AND EVEN IF TRÈSCLASSY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON, YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING WILL BE LIMITED TO DISCONTINUING YOUR USE OF THE WEB SITE/ SERVICES/ CONTENT.THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS.
16.2 THE LIMITATIONS ON TRÈSCLASSY’S LIABILITY TO YOU IN PARAGRAPH 16.1 ABOVE SHALL APPLY WHETHER OR NOT TRÈSCLASSY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16.3 SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS CLAUSE MAY NOT APPLY TO YOU. FURTHER, BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF, HOWEVER, A COURT OF COMPETENT JURISDICTION DETERMINES THAT YOU ARE ENTITLED TO DIRECT DAMAGES OR COMPENSATION PURSUANT TO APPLICABLE LAW YOU AGREE THAT TRÈSCLASSY’ AND BUSINESS ASSOCIATES’ JOINT, CUMULATIVE AND AGRREGATE LIABILITY WILL NOT EXCEED THE AMOUNT OF Rs. 50.00 (INDIAN RUPEES FIFTY) IN ANY EVENT. YOU ACKNOWLEDGE THAT THIS PROVISION IS FAIR AND REASONABLE FOR YOU. WITHOUT PREJUDICE TO THE FOREGOING, UNDER NO CIRCUMSTANCES WILL TRÈSCLASSY'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF WEB SITE, SERVICES AND CONTENTS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS) AND UNDER THE AGREEMENT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU (MONTHLY OR YEARLY) TO TRÈSCLASSY FOR USE OF THE RESPECTIVE WEB SITE, SERVICES AND CONTENTS OR INDIAN RUPEES 50, WHICHEVER IS LOWER.
16.4 This limitation of liability is part of the basis of the bargain between the parties hereto and without it the terms and prices charged would be different. This limitation of liability shall:
- Apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that Trèsclassy may cause you intentionally or knowingly in violation of the Agreement or Applicable Law, or as otherwise mandated by Applicable Law that cannot be disclaimed in the Agreement.
- 17. Copyright Infringement
17.1 If you believe that your work has been copied in a way that constitutes copyright infringement, or your Intellectual Property Rights have been otherwise violated, please provide us with a description of the copyrighted work or other Intellectual Property that you claim has been infringed, a description & identification of where the material that you claim is infringing is located on the Web Site (and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material), your name, address, telephone number, and email address, and a statement by you that this information in your notice is accurate and under penalty of perjury and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf, a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, a statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law. Please report this information by email to firstname.lastname@example.org.
17.2 Notwithstanding the foregoing, we do not guarantee any action based upon the receipt of such information. ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
17.3 It is Trèsclassy’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the Trèsclassy Account of repeat infringers.
- 18. Advertisements
18.1 Some of the services and Content on the Web Site may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the services, Content, queries made through the services or Content.
18.2 The manner, mode and extent of advertising by Trèsclassy on the services and Contents are subject to change without specific notice to you.
18.3 In consideration for Trèsclassy granting you access to and use of the Web Site, you agree that Trèsclassy may place such advertising on the services and Contents of the Web Site.
18.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the service or Content or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Trèsclassy shall not be responsible or liable for any Losses of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web Site.
- 19. Other Links
19.1 The Web Site may include hyperlinks to other web sites or content or resources. Trèsclassy has no control over any third party web sites or resources which are provided by companies or persons other than Trèsclassy. We do not endorse the informational content or any products or services available on any other/third-party web site and do not make any representations regarding its content or accuracy.
19.2 You acknowledge and agree that Trèsclassy is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
19.3 You acknowledge and agree that Trèsclassy is not liable for any Losses whatsoever which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. For clarification of doubt, it is specified that we are not liable for any technological, legal or other consequences that arise out of your visit or transactions to such third party web sites.
- 20. Indemnity
20.1 You agree to hold harmless and fully and effectually indemnify Trèsclassy(including without limitation partners, officers, agents, employees) and Business Associates (including without limitation licensors, suppliers, referrals and content providers) (collectively referred to as the “Indemnified”), from and against any and all Losses of every kind and nature, claimed, made or incurred by or against the Indemnified arising out of, as a result of or in connection with- (a) your negligent or fraudulent act or omission or any breach/violation of any obligation or the terms and conditions of the Agreement (including the Terms herein), (including without limitation for breach of any Intellectual Property Rights of the Contents available on Web Site, your submission of User Content/ Submissions that violates third party rights or Applicable Laws), (b) any User Content/Submissions you submit to the Web Site, and (c) any activity in which you engage on or through Trèsclassy. In addition, you hereby also agree to indemnify and hold harmless the Indemnified against the Losses claimed, made or incurred by or against the Indemnified in respect of any Losses sustained or suffered by any third party, otherwise than by our own gross negligence or willful misconduct. You understand, acknowledge and agree that this provision is the essence of the Terms herein and, consequently, you desire to provide the Indemnified with specific contractual assurance of each Indemnified's rights to full indemnification against any proceedings. In such a case, Trèsclassy will provide you with written notice of such claim, suit or action. Notices to you may be made via either email or regular mail.
20.2 We reserve the right to assume, at our own expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully co-operate with us in asserting any available defenses.
- 21. General terms:
21.1 You agree that if Trèsclassy does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Trèsclassy has the benefit of under any Applicable Law), this will not be taken to be a formal waiver of Trèsclassy’s rights and that those rights or remedies will still be available to Trèsclassy.
21.2 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
21.3 You acknowledge and agree that each member of the group of companies of which Trèsclassy, if any, is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
21.4 Survival: The termination of the Agreement (including the Terms herein) shall not affect the coming into force or continuance in force of certain Clauses (including without limitation the disclaimer of warranties under Clause 15, limitation of liability under Clause 16, and Indemnities under Clause 20, the provisions in relation to the payment of money due, if any, to Trèsclassy and the restrictions on the rights of the User in relation to the use of the Web Site, service and Content) and any provision of this the Agreement (including the Terms herein) which is expressly or by implication intended to come into force or continue in force on or after that termination. Further, upon termination of the Agreement (including the Terms herein), Clause 3 (“license to use the Web Site”) and Clause 4.1(dealing with your “access to the Web Site”) shall expressly come to an end.
21.5 The Agreement (including the Terms herein), and your relationship with Trèsclassy under the Terms, shall be governed by the laws of India, without giving effect to the principles of conflict of laws thereof. Your consent to the Agreement (and the Terms herein) includes your consent to the governing laws, jurisdiction and the venue of the court. You and Trèsclassy agree to submit to the exclusive jurisdiction of the courts of Mumbai, India to resolve any legal matter arising from the Terms or the Agreement. You hereby waive all defenses of lack of jurisdiction, venue or forum inconvenience. Notwithstanding this, you agree that Trèsclassy shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
21.6 Any cause of action or claim you may bring in connection with the Web Site, service or Content, must be commenced within one (1) month after the claim or cause of action arises otherwise such claim or cause of action shall be deemed to be barred. In any dispute between Trèsclassy and you relating to this Web Site, service or Content, the prevailing party will not be entitled to attorneys’ fees, costs and expenses.
21.7 Trèsclassy makes no representation that Content on the Web Site is appropriate or available for use in all countries, and prohibits accessing the Web Site from any jurisdiction that does not enforce agreements with respect to governing law, including without limitation the governing law provision in the foregoing paragraph. You access the Web Site on your own initiative and at your own risk and are responsible for compliance with all Applicable Laws to your use of the Web Site. Irrespective of your location, please note that this Web Site is hosted on our computer servers which may be located anywhere in the world. Any Personally Identifiable Information submitted to us in connection with the Web Site will therefore be transferred to that any place in the world, a jurisdiction that might not provide an equivalent level of protection as the data protection laws in your home country. You agree that by using of the Web Site or submitting any Personally Identifiable Information you thereby expressly consent to and authorize these transfers.
21.8 You agree that all Content posted or accessible via Web Site is subject to applicable Export Control Laws and regulations of Indian Government. You agree not to export or re-export any Content, directly or indirectly, to any country not permitted by Indian Government export restrictions.
21.9 The Agreement constitutes the entire agreement between you and Trèsclassy with respect to the Web Site, service, Content and your use thereof, and it supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between you and Trèsclassy regarding the Web Site, services, Content and your activities/use.
21.10 Severability: If any term or provision or Clause of the Agreement (including the Terms herein) is declared invalid, illegal or unenforceable to any person, the remainder of the Agreement (including the Terms herein) shall be unimpaired; and the invalid, illegal or unenforceable term, provision or Clause shall be replaced by such valid term, provision or Clause as comes closest to the intention underlying the invalid term or provision and that term, provision or Clause shall be enforced to the fullest extent permitted by law.
21.11 No Party will be deemed the drafter of the Agreement (including the Terms herein), which Agreement (including the Terms herein) shall be deemed to have been jointly prepared by the Parties. If the Agreement (including the Terms herein) is ever construed, whether by a court or by an arbitrator, such court or arbitrator will not construe the Agreement (including the Terms herein) or any provision thereof against any Party as drafter.
21.12 The various rights and remedies of either Party (i.e. either you or Trèsclassy) under the Agreement whether provided under the subscriber agreement, this Terms herein or otherwise, conferred by statue, civil law, common law, custom or trade usages, are cumulative and not alternative and no one of them shall be exclusive of any other as of any right or remedy allowed by law and may be enforced successively or concurrently.
21.13 No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Web Site or service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Web Site, service or any Content thereof.
21.14 Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Trèsclassy for any third party that assumes our rights and obligations under the Agreement.
21.15 You confirm and agree that the terms and condition of the Agreement (including the Terms herein) are "commercially reasonable" and not otherwise unconscionable. For avoidance of doubt, it is clarified that you agree that the execution of the Agreement does not constitute a “click-through agreement” which in any way bad in Applicable Laws.
If you have any questions or concerns about the Web Site, or report of any violation of these Terms, please send us a thorough description by email to email@example.com.
User Content and Conduct Policy
Our policies play an important role in maintaining a positive experience for our Users. Please follow these policies when using our products and service ("Services"). When we are notified of a potential policy violation, we may review and take action, including limiting or terminating a User’s access to our Services.
We may modify these policies so please check back here.
- 1. Illegal Activities
Do not use our products to engage in illegal activities or promote dangerous and illegal acts.
- 2. Malicious Products
Do not transmit viruses, malware, or any other malicious or destructive code. Do not distribute content that harms or interferes with the operation of the networks, servers, or other infrastructure of Trèsclassy or others.
- 3. Hate Speech
Do not distribute content that promotes hatred or violence towards groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity.
- 4. Personal and Confidential Information
Do not distribute or store other people’s confidential information, such as credit card numbers, confidential national ID numbers, or account passwords, under any condition.
- 5. Account Hacking
Do not access another User’s account with or without their permission. Do not use our products for phishing scams.
- 6. Child Safety
Do not distribute content that exploits children, such as child pornography (including cartoon child porn) or content that presents children in a sexual manner.
- 7. Spam
Do not spam, including sending unwanted promotional or commercial content, or unwanted or mass solicitation.
Do not aggressively add people to your circles.
- 8. Sexually Explicit Material
Do not distribute content that contains nudity, circulation of vulgar jokes, graphic sex acts, or sexually explicit material. Do not drive traffic to commercial pornography sites.
- 9. Harassment and Bullying
Do not harass or bully others. Anyone using Web Site to harass or bully may have the offending content removed or be permanently banned from the Web Site. Online harassment is also illegal in many places and can have serious offline consequences.
- 10. Violence
Do not distribute depictions of graphic or gratuitous violence.
- 11. Impersonation or Deceptive Behavior
Do not use our products to impersonate.
- 12. User Profile Name
Always use your legal name. If your legal name is unavailable, only then use the alternative name which most nearly resembles your legal name (which should in any case indicate your real name as a part of profile name)
- 13. Regulated Goods and Services
Though we may have on Web Site a place to discuss many topics, our service is not ready to support the marketing of any regulated products at this time. Do not facilitate the promotion or sale of pharmaceuticals, alcohol, tobacco, fireworks, weapons, or health/medical devices. We may also remove content that offers or promotes the sale of substances that mimic the effects of illegal or regulated drugs.
- 14. Discussions on Gambling, Betting etc
Discussion of gambling (including online casinos, sports betting, or lotteries) and gaming strategy is strictly prohibited. Even if some User does any such discussions on gambling, gaming, online casinos, sports betting, or lotteries, we disclaim every responsibility, liability or obligation thereof absolutely. We shall not entertain any claim arising out of or in connection thereof.
Further, we may not allow verification of local web pages for certain products and services such as escort services or other regulated goods.
- 15. Contests and Promotions
Do not run contests, sweepstakes, or other such promotions directly on the Web Site.
About our Policies and Terms
These policies apply generally to the content you post on Web Site or our Services.
Reporting Potential Issues
If you encounter content or a User that you believe violates the above policies, please report it to us using firstname.lastname@example.org