Terms of Use

Updated on 08 September 2016

Welcome to Tribe Retail operated by Tribe Retail India Private Limited.

ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES THAT YOU AGREE TO THESE TERMS OF USE, THEREFORE PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE INDICATES THAT YOU AGREE TO THESE TERMS OF USE, THEREFORE PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. THESE TERMS OF USE ("TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM THROUGH A PARTICULAR ACCOUNT OR ACCOUNTS. BY MERE USE OF THE FUNCTIONS OF THE PLATFORM, YOU ENTER INTO A CONTRACT WITH Tribe Retail India Private Limited ("TRIBE"), AND AGREE TO BE BOUND BY THE PROVISIONS OF THESE TERMS OF USE (AS UPDATED, AMENDED OR EXTENDED FROM TIME TO TIME) AND/OR THE TRIBE POLICIES IN CONNECTION WITH THE PLATFORM. IT IS YOUR RESPONSIBILITY AS A USER TO CHECK THESE TERMS OF USE FROM TIME TO TIME FOR ANY CHANGES, AND CONTINUED USE OF THE PLATFORM AFTER SUCH CHANGES MEANS THAT YOU AGREE TO BE GOVERNED BY THOSE CHANGES.

As used in these Terms of Use, "we," "us," and "Tribe Retail" means Tribe Retail India Private Limited and "you" means yourself as a User (whether for yourself or on behalf of a business). Capitalised terms not otherwise defined shall have the meanings listed in the Definitions below. For the avoidance of doubt, throughout these Terms of Use, 'prior written consent' means a direct communication from Tribe Retail affirm consent for the said activity.

1. Registration

1.1 Users must provide their real names and information. by registering on the Platform and during the period where you continue to have an account or accounts on the Platform (whether or not in regular use), you undertake and agree to adhere to the following commitments to Tribe Retail:

  1. you will not provide any false personal information, or create an account for anyone other than yourself without permission;
  2. you will not create more than one personal account;
  3. if we disable your account, you will not create another one without our permission.
  4. you will keep your contact information accurate and up-to-date;
  5. you will safeguard the security of your account on the Platform, and not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardise the security of your account;
  6. you will not transfer your account (including any page or application you administer) to anyone without first getting our written permission;
  7. if you select a username or similar identifier for your account or page, we reserve the right to remove or reclaim it if we believe it is inappropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
  8. you are responsible for every activity that is connected to your account and occurs under your User ID and password.
  9. you agree that if you provide information that is untrue, incomplete or inaccurate, or Tribe Retail has reasonable grounds to suspect that such information is untrue, incomplete, or inaccurate or not in accordance with these Terms of Use or otherwise any applicable policies, we have the right to indefinitely suspend, terminate or block access of your membership with, and permanently refuse to provide you with access to, the Platform.

2. Use of the Platform

2.1 By visiting the Platform, you agree that as a User you shall not display, post, share or update any information that:

  1. impersonates another person, corporate body or government organisation;
  2. interferes with another user's use and enjoyment of the Platform;
  3. involves the transmission of junk mail, spamming or unsolicited mass mail;
  4. is offensive to the online community, such as sexually explicit content, or content that promotes hatred or physical harm of any kind against any group or individual, including content that harasses or advocates harassment of another person;
  5. provides material that exploits people, or solicits personal information from anyone;
  6. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially objectionable, relating to or encouraging unlawful activities in any manner whatever;
  7. harms minors or the elderly in any manner;
  8. contains video, photographs, or images of another person aged 18 years or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);
  9. belongs to another person and to which you have no right to;
  10. infringes upon or violates any third party's rights, including, but not limited to, Intellectual Property Rights, rights of privacy (including without limitation to unauthorised disclosure of a person's name, email address, home or office address or phone number) or rights of publicity;
  11. promotes an illegal or unauthorised copy of another person's work that is subject to Intellectual Property Rights, such as providing pirated computer programs or links to them, or providing pirated music or links to pirated music files and websites;
  12. at the sole discretion of Tribe Retail is believed to be fraudulent or involve the sale of counterfeit or stolen items;
  13. tries to gain unauthorised access or exceeds the scope of authorised access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the website;
  14. refers to any website or link that, in Tribe Retail's sole discretion, believes to contain material that is inappropriate for the Platform or any other website, or any content that violates these Terms of Use;
  15. solicits gambling or engages in any gambling activity which is against the operations of the Platform, or that Tribe Retail in its sole discretion, believes could be construed as being illegal;
  16. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  17. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, deals in any goods or services which is prohibited or restricted in any manner under the provisions of applicable law, these Terms of Use or other policies of the Platform;
  18. threatens the unity, integrity, defence, security or sovereignty of the Territory, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

2.2 Further, as a User you agree and shall be subject to the following additional terms:

  1. you shall not through your activity or conduct on the Platform create any liability for us or cause us to lose (in whole or in part) any of the services of our merchants or partners;
  2. you shall not attempt to copy, download or gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any of our servers, computers, networks, or to any of the services offered to Users, by hacking passwords, cloning of accounts or any other illegitimate means;
  3. you agree not to use any device, software, or embark on any activity that would or is likely to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted therein, or with any other User;
  4. you shall not do anything that would or is likely to disguise the origin of any message or transmittal you send to on or through the Platform or any service offered on or through the Platform;
  5. to enable Tribe Retail to use the information you supply us with, so that we are not violating any of your rights, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise the Intellectual Property Rights associated with Your Materials, and otherwise your use of or access to the Platform and otherwise any other rights you have to your information;
  6. from time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you: in this connection, it shall be your responsibility to ensure that such information is accurate;
  7. Tribe Retail reserves the right, but has no obligation, to monitor the items or services posted on the Platform. Tribe Retail reserves the right to remove or edit any content posted on the website, if it is of the opinion that such content violates or may violate any applicable law. notwithstanding this, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE from time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you: in this connection, it shall be your responsibility to ensure that such information is accurate;
  8. PLATFORM AND IN YOUR PRIVATE MESSAGES. In no event shall Tribe Retail be responsible or liable for any content posted on the Platform;
  9. Tribe Retail shall not be responsible or liable for any loss or damage of any sort incurred as the result of the sale of goods and services, business dealings, promotions, or any such correspondence. All dealings via the Platform are solely between you and any such party to such correspondence;
  10. please note that other Users may transmit offensive and obscene material that all Users of the Platform may be involuntarily exposed to. It is also possible that other Users of the Platform may obtain person information about you. Tribe Retail does not support such use of the Platform for any of the foregoing activities. Notwithstanding this, you acknowledge and agree that Tribe Retail is not responsible for the posting or sharing of such material, or the use of such of your personal information. It is important for all Users to be aware of the risks of sharing personal information, and carefully select the information that you choose to share via the Platform or otherwise with other Users.

3. Privacy Policy

3.1 Your use of the Platform is subject to the Privacy Policy.

3.2 You should carefully read our full Privacy Policy before registering for an account on the Platform as it governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data and content (such as photographs) which you may submit to us may reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

3.3 Tribe Retail may collect non-personally identifiable information including but not limited to your IP address and location, user data, phone type and browser type, to enable us to manage and improve the Platform. We also keep track of your Tribe Retail usage on the Platform, including but not limited to adding connections, uploading of photos, posting comments.

4. Payment Services

4.1 While using any of the payment method/s offered on the Platform, Tribe Retail shall hold no responsibility or liability in respect of any loss or damage suffered either directly or indirectly to you due to lack of authorisation or decline of any transaction/s, or any payment issues that may arise from any transaction.

4.2 All payments made via the Platform for the purchase of goods and services shall be in Indian, as instructed by the RBI of India. Tribe Retail does not accept payment in any other currency, and any attempt to make payment with any other currency shall be declined.

5. Cancelation of Orders

5.1 Tribe Retail reserves the right to cancel any order made via the Platform without any explanation for doing so if such order does not comply with these Terms of Use. However, Tribe Retail will ensure that such cancellation is communicated in reasonable time to the concerned User, and any applicable refund is processed in reasonable time.

6. DISCLAIMER

6.1 THE PLATFORM, INCLUDING ALL CONTENT, SOFTWARE, GOODS AND SERVICES, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE PLATFORM, ARE PROVIDED 'AS-IS', AND WECONNECT DISCLAIMS ANY IMPLIED WARRANTIES THAT ANY GOODS, SERVICES OR COMMUNICATIONS WILL BE FREE OF HARMFUL COMPONENTS (INCLUDING BUT NOT LIMITED TO VIRUSES, TROJANS, SPYWARE, MALWARE). AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE PLATFORM, OR OTHERWISE ANY ONLINE PORTAL OR TOOL PROVIDED BY WECONNECT TO HELP YOU PARTICIPATE IN THE SERVICES AT YOUR OWN RISK. EXCEPT AS OTHERWISE SPECIFIED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (1) ANY REPRESENTATIONS OR WARRANTIES REGARDING THESE TERMS OF USE, OR THE TRANSACTIONS OR OPERATIONS CONTEMPLATED HEREBY, INCLUDING ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (3) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE OR OTHERWISE NOT MISLEADING, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, OR COMPLETION OF ANY ORDER OR TRANSACTION. SOME JURISDICTIONS' LAWS DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR QUIET ENJOYMENT. NOTHING ON THE PLATFORM (OR RECEIVED VIA THE PLATFORM) IS, CONSTITUTES OR IS INTENDED TO CONSTITUTE ADVICE OF ANY KIND FROM THE PLATFORM.

6.2 BECAUSE WECONNECT IS NOT INVOLVED IN TRANSACTIONS BETWEEN USERS (YOU) AND MERCHANTS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES WECONNECT (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

7. Indemnity

7.1 By using the Platform, you agree to indemnify and hold harmless the Platform, its owner(s), licensee(s), affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions made by any third party or penalties imposed due to or arising out of your breach of these Terms of Use, and other of the Platform's policies, or your violation of any law, rules and regulations or rights of a third party.

7.2 EXCEPT AS OTHERWISE SET OUT HEREIN, WECONNECT WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT, DELICT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ANY TYPE OF CIVIL RESPONSIBILITY OR OTHER THEORY) OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR INDIRECT DAMAGES SUCH AS COST OF COVER, RECOVERY OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THESE TERMS OF USE, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, EVEN IF WECONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES. FURTHER, EXCEPT IN CASE OF GROSS NEGLIGENCE OR WILFUL MISCONDUCT, WECONNECT'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE OPERATIONS OR TRANSACTIONS CONTEMPLATED WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY YOU TO WECONNECT IN CONNECTION WITH THE TRANSACTION(S) GIVING RISE TO THE CLAIM.

8. Termination of Accounts

In addition to other remedies, Tribe Retail reserves the right to limit your activity, remove information from your account, temporarily or permanently block your account or suspend your membership of the Platform if we know or suspect you are in violation of any part of these Terms of Use, or otherwise at Tribe Retail's sole and absolute discretion.

9. General Terms

9.1 Interpretation

  1. References to any statute or statutory provision include, unless the context otherwise requires, a reference to the statute or statutory provision as modified, replaced, re-enacted or consolidated and in force (whether before or after the last update of these Terms of Use) from time to time and any subordinate legislation made under the relevant statute or statutory provision (as so modified, replaced, re-enacted or consolidated).
  2. References to any gender include references to either gender and references to the singular include the plural and vice versa. References to a person include references to any individual (including that individual's legal personal representatives), firm, company, corporation or other body corporate, government, state or agency of a state or any unincorporated association, joint venture or partnership (whether or not having a separate legal personality).
  3. The clause headings in these Terms of Use do not affect its interpretation. References to clauses are to clauses of these Terms of Use
  4. Any phrase introduced by the term 'include', 'including', 'in particular', 'other', or any similar general term is not limited by any particular examples preceding or following those general terms.

9.2 Severability. If any provision of these Terms of Use shall be found to be invalid, illegal and or unenforceable, such invalidity, illegality and or unenforceability shall not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect. The Parties agree to replace any invalid provisions with other provisions which are valid in form and substance, and which shall accomplish as nearly as possible, the purpose and intent of the invalid provisions.

9.3 Waiver. no latitude, extension of time or other indulgence which may be given or allowed by any of the parties to the other party in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of the rights of any of the parties arising from these Terms of Use, and no single or partial exercise of any right by any of the parties under these Terms of Use, shall in any circumstance be construed to be an implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any of such party's rights in terms of or arising from these Terms of Use agreement or estop or preclude such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.

9.4 Whole Agreement and Variation. These Terms of Use constitutes the entire agreement between the parties and supersedes any previous understanding or agreement between them relating to the subject matter hereof. Tribe Retail may vary the provisions of these Terms of Use at any time on notice.

9.5 Notice. All communications between the parties related to these Terms of Use shall be in writing in the English language only. Any notice, requests, demands or other communication required to be given hereunder shall be in writing and may be hand-delivered, sent by courier service, facsimile or electronic mail addressed to you in accordance with the contact details given by you at registration, or any update to such details thereof. If hand-delivered, any such notices, requests, consents, demands, waivers or communications shall be deemed to have been sufficiently served upon delivery and acknowledgment of receipt thereof by the receiving party. If sent by courier, it will be deemed to have been served five (5) Business Days after same is left at the offices of the courier company and a valid payment receipt is obtained therefrom. If sent by facsimile or electronic mail, the notice shall be deemed as being properly served upon transmission.

9.6 Third Party Rights. Unless expressly provided to the contrary, a person who is not a party to these Terms of Use has no rights under any law to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

9.7 Data Protection. You consent to the holding, processing and disclosing of its personal information for the purpose of Tribe Retail properly performing its obligations hereunder including, but not limited to, disclosure to affiliates, third parties, consultants and sub-contractors.

9.8 Force Majeure. Tribe Retail will not be liable for any delay or failure to perform any of our obligations under these Terms of Use by reasons, events or other matters beyond our reasonable control.

9.9 Governing Law. these Terms of Use shall be governed and construed in accordance with the Laws of the Republic of India, and shall be subject to the jurisdiction of the Indian courts, except as otherwise specified herein.

Definitions

in these Terms of Use, unless the context otherwise admits or requires, the following expressions shall have the meanings set out against them:

"Business Day" means any day (excluding Saturday, Sunday and public holidays) on which banks are open for business in the Territory;

"Intellectual Property Rights" means any or all rights, title, interest or benefit whether in the form of copyright, patents, utility innovations, know-how, trademarks, trade names, brands, geographical indications, domain names, layout design rights, design rights, database rights, trade or business names, rights protecting trade secrets, source code and corresponding machine readable object code or other interpreted form, and confidential information, rights protecting goodwill and reputation, get up and rights pertaining to passing off, and all other similar or corresponding proprietary rights and all applications for the same, whether now existing or hereafter devised, discovered or created, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights;

"Mark(s)" means trade name(s), trademarks, logos, designs, tag lines, get up and/or service marks, whether registered or unregistered

"Platform" means the e-commerce and social networking platform currently known as 'Tribe Retail' at http://www.triberetail.com/

"Product(s)" means goods, services or otherwise content sold to Customers via the Platform, including any and all packaging thereof;

"Territory" means the Republic of India

"User" means any visitor, customer or otherwise any individual, whether or not a natural person, who accesses and/or utilises any or all aspects of the Platform

"Your Materials" means all of your Marks, content uploaded by you onto the Platform, Product information, data, materials, and other items or information provided or made available by you or your affiliates to Tribe Retail or its affiliates.