TERMS AND CONDITIONS
The domain name www.approvedclub.com (hereinafter referred to as "Website") is owned by Approved Club LLP, a company incorporated under the Companies Act, 1956/2013 with its registered office at Shop 36, Floor-G,Plot-738, Heera Panna Shopping, Centre, Bhulabhai Desai Road,Haji Ali, Cum balla Hill, Mumbai, Mumbai City, Maharashtra, 400026, India. (hereinafter referred to as "Approved Club").
1. Description of Services
The Website provides users with access to sales of luxury premium goods and services online.
2. Introductions and key Definitions
- In these Terms the following definitions shall apply:
- “Content” means all postings, messages, text, files, images or other material on the Website, including, without limitation, descriptions of Good/s and their profiles;
- “Good/s” means any other luxury and premium products offered for sale, or to be offered for sale, or sold via the Website;
3. License and Site Access
We grant to you a limited license to access and make personal use of the Website and the Services offered. However, this license does not permit the following:
- Any downloading or copying of account information for the benefit of another website, vendor or any other third party;
- Giving of unauthorized hypertext links to the Website anywhere;
- Uploading, posting, or transmitting any Content that you do not have a right to make available and/or may infringe on the intellectual property rights of any third party;
- uploading, posting, or transmitting any material/Content that 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; any action that imposes or may impose an unreasonable or disproportionately large load on Website’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by us.
4. Membership Eligibility
- Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you may use the Website only with the involvement of a parent or guardian. We reserve the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
- You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
- You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. We shall not be liable for any loss or damage caused due to inaccurate or incomplete or out of date Registration Data.
- If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Website.
- You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer.
- Your mobile phone number and/or e-mail address is treated as your primary identifier on the Website. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Website at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Website through a onetime password verification.
- We have the sole right and discretion to determine whether to accept you, and may reject your registration, with or without explanation.
5. Accounts, Password and Security
- Certain features or services offered on or through the Website may require you to open an account (including setting up an Approved Club ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Approved Club immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Approved Club or any other user of or visitor to the Site due to someone else using your Apporved Club ID, password or account as a result of your failing to keep your account information secure and confidential.
- You may not use anyone else’s Approved Club ID, password or account at any time without the express permission and consent of the holder of that Approved Club ID, password or account. Approved Club cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
6. Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You does not have any right to;
- interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- violates any law for the time being in force;
- impersonate another person;
- is false, inaccurate or misleading;
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7. Intellectual Property Rights.
- Unless indicated to the contrary, Approved Club owns all the intellectual property rights relating to the brandname “Approved Club” and the Website, including the designs, text, database, graphics and layouts, and Users are not permitted to use or copy any part of them without our express permission in writing.
- Trademarks, logos, and brandnames of the Good/s displayed on the Website by Approved Club are the property of the respective manufacturer and/or owner of such trademarks, logos and brandnames. Users are prohibited from using any of the same without the prior written permission of such third parties, which own such trademarks, logos, and/or brandnames.
8. Limitations on Service
- We may establish limits on the use of the Website and we reserve the right at any time to modify or discontinue the Website (or any part of it) with or without notice.
- We reserve the right to suspend operation of the Website from time to time for any reason, including, without limitation, to enable us to perform system upgrades or maintenance or to resolve technical issues, and we will endeavour to provide reasonable advance notice of such suspension prior to the same.
- We shall not be liable to any User or to any third party for any modification, suspension or discontinuance of the Website or the Service or any part of it, including for loss of profit or consequential or incidental loss or damage.
9. Disclaimer of Warranty
- You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the Website to order products only for your personal use and not for business purposes. We shall only be responsible for manufacturer warranty as per warranty card attached to the product. We shall not mediate or resolve any dispute or disagreement between you and the manufacturer of the products.
- We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website.
- We are not responsible or liable in any manner for any Content posted on our Website or in connection with our Services;
- We are not responsible for the conduct, whether online or offline, of any User of our Website or Services.
- We take all reasonable care and safeguards to ensure that the Website and its electronic communications are virus-free. However, we make no warranty that the Website is free of viruses or other harmful components.
- We do not endorse and are not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Website by any party other than us, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
- We reserve the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. 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, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
10. Limitation of Liability
- Approved Club or its subsidiaries, agents, directors, agents, affiliates shall not be liable to you for any direct, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, resulting from the use of the Website or related/unrelated services offered on the Website from time to time.
12. Electronic Communication
- When you use the Website, send emails to us, you are communicating with us via the electronic medium. Approved Club will communicate with you via email or by posting notices on the Website and you agree to receive communication electronically from us. You agree that all notices, disclosures, agreements and other communications that are provided to you electronically, satisfy any legal requirements that such communications must be in writing.>
- You may not assign or transfer your rights and/or obligations under these Terms or any Agreement into which these Terms are incorporated.
- No person other than Approved Club shall have any rights to enforce any of these Terms or any Agreement into which these Terms are incorporated.
- These Terms shall be governed and interpreted in accordance with the Laws of India and the courts of Mumbai shall have exclusive jurisdiction over any dispute arising out of these terms and conditions.