TERMS AND CONDITIONS

Disclaimer:  Please read these terms of use carefully by accessing or using this internet based platform, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this internet based platform.

We M1 Marketing Services Pvt. Ltd., a company incorporated under the Companies Act 2013, on behalf of its own and its affiliate companies/groups under the brand IshqMe state that they are the original author and publisher of this terms and agreements on the Website URL www.ishqme.com and the Mobile Application IshqMe – collectively called as  “Website”

All the terms and agreements stated in the website are unconditionally applicable and we recommend you to carefully read the terms and services along with our Privacy Policy Agreement available at www.ishqme.com/terms-and-conditions before availing or registering for our services.

NATURE AND SCOPE OF AGREEMENT: General Terms

1. The terms of use and privacy policy together constitutes and creates a legal agreement between the user (you) and the company (Us)  in connection with the visit to the website and services availed by you.
2. The nature of services offered under the website might change from time to time at the sole discretion of IshqMe which shall be updated and notified to you as and when you visit our website. Hence, we request you to keep yourself updated with our terms and conditions. The modified terms will be undisputedly applicable to all our users on their visit to the website, use of our services, and all the information published on our website.
3. You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
4. By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Subscription Terms of Service and Privacy Policy, as available on the Website, and agree to abide by them.
5. These Terms of Use constitute an electronic record in terms of the IT Act and rules framed there under, as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
6. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

APPLICABILITY OF LAW:

This Agreement is governed under the following provisions of the Act time being in force:

1. The Indian Contract Act, 1872
2. The IT Act, 2000
3. The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”),
4. Other service provider’s policy.
5. The Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

NATURE OF SERVICE PROVIDED IN THE WEBSITE:

The Website provides the user with a one stop platform for online purchase fashion and lifestyle products of our own home brand – ishqMe.

2. The website shall provide select fashion and lifestyle products and service for your personal grooming. We have a wide range of products ranging from garments, accessories, handbags and fashion jewellery.
3. IshqMe authorizes You to view and access the content available on the Website solely for the purposes of availing the Services, such as visiting, using, ordering, receiving, delivering and communicating only as per these Terms of Use.
4. The contents on the Website including information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content, contains provided by IshqMe including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals (“IshqMe Content”) (collectively referred as, “Content”).
5. The IshqMe Content is the property of IshqMe and is protected under copyright, trademark and other applicable law(s). You shall not be allowed to modify the IshqMe Content or reproduce, display, publicly perform, distribute, or otherwise use the IshqMe Content in any way for any public or commercial purpose or for personal gain.TERMS OF USE FOR REGISTRATION AND ACCOUNT VERIFICATION:

1. By visiting and accessing our website you acknowledge that you are either
2. you are either a Service Provider or a prospective Service User
3. you have the authority to enter into these Terms of Use
4. you authorize the transfer of payment for Services requested through the use of the Platform, and
5. you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein
6. For the purposes of availing the Services and/or transacting with the Third Party Service Providers through the Website, You are required to obtain registration, in accordance with the procedure established by IshqMe in this regard. As part of the registration process, IshqMe may collect the following personal information from you:

• Name;
• User ID;
• Email address;
• Address (including country and ZIP/ postal code);
• Gender;
• Age;
• Phone number;
• Password chosen by the User;
• Valid financial account information; and
• Other details as You may volunteer.

3. The registration on or use/ access of the Website is only available to natural persons, other than those who are ‘incompetent to contract’ under the Contract Act. That is, persons including minors, un-discharged insolvents etc. are not eligible to register on, or use/ access the Website.
4. By registering, accessing or using the Website, You accept the terms of these Terms of Use and represent and warrant to IshqMe that you are ‘competent to contract’ under the Contract Act and have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use.
5. A registered ID can only be utilized by the person whose details have been provided and IshqMe does not permit multiple persons to share a single login/ registration id. However, a registered user, being also a parent or legal guardian of a person ‘incompetent to contract’ such as minors or persons with unsound mind, would be permitted to access and use the Website for the purposes of procuring the Services, on behalf of such persons.
6. You agree and acknowledge that You would (i) create only 1 (one) account; (ii) provide accurate, truthful, current Bonafide, and complete information when creating Your account and in all Your dealings through the Website; (iii) maintain and promptly update Your account information; (iv) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (v) promptly notify IshqMe if You discover or otherwise suspect any security breaches relating to the Website; and (vi) take responsibility for all the activities that occur under Your account and accept all risk of unauthorized access.
7. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by IshqMe for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to You, IshqMe may allow authorized third parties to place or recognize a unique cookie on the Your browser. IshqMe does not store personally identifiable information in the cookies.
8. IshqMe, at its sole discretion, reserves the right to permanently or temporarily suspend Users, to bar their use and access of the Website and App, at any time while IshqMe investigates complaints or alleged violations of these Terms of Use or any Services, or for any other reason

TERMS OF USE FOR END-USERS OF WEBSITE:

1. Registration and Data Protection:

• Definition of “personal information and “sensitive personal data or information” is as per the IG Rules and IT Act, 2000.
• The website might collect, analyse and store data via devices through which you visit our website which will purely be used for quality and training purposes.
• The website will have access to the personal information of the user- name, communication address, contact details and other such information entered by the user at the time of registration.
• The users are requested to read out the terms of our privacy policy to understand more about the collection and storage of data.
• The website will not be responsible for authentication of personal information given by the users on the website or to any person acting on behalf of IshqMe.
• It is solely the duty of the user to maintain the confidentiality of the user name and password generated by the user at the time of registration and the IshqMe will not be responsible for loss of confidentiality. The users are obligated to store the user name and password for all future connections. The users shall immediately notify, contact or mail IshqMe of any unauthorised use of the user’s account.
• IshqMe takes no liability for the loss suffered by the user due to unauthorised use of the information.
• If at any point of time, IshqMe suspects or believes that the information provided by the user is inaccurate, incomplete, outdated or becomes untrue, IshqMe reserves the right to cancel or discontinue the services with no refund policy.
• The website may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

2. Content and transmission of information:

• IshqMe collects the information displayed on the website relating to the name, profile, qualification, specialisation, experience of the customer based on the information provided by them or information available on their personal website.
• All contents and information listed on the websites are purely informative in nature and may be altered from time to time by the website.
• IshqMe assures that all the information published in the website regarding the professionals is vetted and screened twice and are regularly updated. IshqMe, in no event takes responsibility for inaccuracy and incomplete records after taking all precautionary measures for the same.
• The website might link to third party websites, pages or external links for which no liability can be conferred on IshqMe. The content, documents, information, data available on third party links are based on their terms and privacy policy, so we recommend you to understand their terms and policies before using their website.
• IshqMe assumes no responsibility for injection of viruses in the user’s device due to downloads, uploads or usage of the website services. If unsatisfied with the services, users can immediately terminate the services.

         INTELLECTUAL PROPERTY RIGHTS:

1. All contents – text, images, documents, literary works, videos uploaded on the website are original work of the IshqMe and copyrights and publisher rights of the same are vested with the website.
2. The contents listed on the Website are (i) User generated content, or (ii) belong to “IshqMe”. The information that is collected by “IshqMe” directly or indirectly from the End- Users and the Practitioners shall belong to “IshqMe”. Copying of the copyrighted content published by “IshqMe” on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and “IshqMe” reserves its rights under applicable law accordingly.
3. “IshqMe” authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “IshqMe Content”), are the property of “IshqMe” and are protected under copyright, trademark and other laws. User shall not modify the “IshqMe” Content or reproduce, display, publicly perform, distribute, or otherwise use the “IshqMe” Content in any way for any public or commercial purpose or for personal gain.
4. User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT:

As mandated by Regulation 3(2) of the IG Rules, IshqMe hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

1. belongs to another person and to which the User does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

3. Users are also prohibited from:

• violating or attempting to violate the integrity or security of the Website or any IshqMe Content;
• transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by IshqMe;
• intentionally submitting on the Website any incomplete, false or inaccurate information;
• making any unsolicited communications to other Users;
• using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
• attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
• copying or duplicating in any manner any of the IshqMe Content or other information available from the Website;
• Framing or hot linking or deep linking any IshqMe Content.
• Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

4. IshqMe, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in       writing or through email signed with electronic signature about any such information as mentioned above, shall be   entitled to disable such information. IshqMe shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

5. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, IshqMe has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
6. IshqMe may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit IshqMe to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by IshqMe as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between IshqMe or any person on its behalf and the User or where the User has consented to data transfer.
7. IshqMe respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.

REVIEWS AND FEEDBACK:

By signing our terms of services, you agree that your comments and feedback will be based upon our privacy policy.

1. Users are allowed to comment and provide valuable feedback about the services availed by them from the website. Such feedback or comments must be according to the guidelines laid down by the law.

2. It is however noted that “IshqMe” is not obliged to act upon the comments or feedback given by the users and reserves the right to delete or omit such comments.
3. The role of “IshqMe” in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. “IshqMe” disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. “IshqMe” shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
4. Your publication of reviews and feedback on the Website is governed by these Terms. Without prejudice to the detailed terms stated, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. “IshqMe”, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with clauses or provisions of these Terms. You agree that “IshqMe” may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

• Obtaining feedback in relation to Website or “IshqMe”’s services; and/or
• Obtaining feedback in relation to any Practitioners listed on the Website; and/or
• Resolving any complaints, information, or queries by Practitioners regarding your Critical Content;

and you agree to provide your fullest co-operation further to such communication by “IshqMe”.

PAYMENT, FEES, AND APPLICABLE TAXES:

1. No registration fees charged for browsing or using the website for access of information about the services provided by the website.
2. All payments shall be directly made to us through the payment gateway provided by the third-party platform. You agree and acknowledge to not to hold IshqMe responsible for any loss or damage caused to you while using or availing the services, due to the acts done by the third-party aggregators  which are beyond the control of IshqMe.
3. All the users are solely responsible for the payment of taxes, fees or any other compliances, statutory obligations, reporting’s etc., associated with the services. We shall not be liable for any tax payments apart from our own income tax payments.
4. All fees quoted on the website are inclusive of all fees and applicable taxes.
5. IshqMe reserves the right to modify the fee structure by providing it on the Website which shall be considered as valid and agreed communication.
6. In order to process the payments, IshqMe might require details of User’s/ Third Party Service Providers’ bank account, credit card number etc.Please check Our Privacy Policy on how IshqMe uses the confidential information provided by Users
7. You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
8. Available payment methods: Razor Pay, Paytm, AmazonPay, Mobikwik, AirtelMoney, Freecharge, OlaMoney, JIO Money, PhonePe, MPESA UPI – BHIM and GooglePay. All debit and credit cards. Cash on delivery for offline payments.
9. Details, including contact information of all payment service providers: Paytm (https://paytm.com/care/ticket), AmazonPay (https://www.amazonpay.in/contact), Mobikwik (https://blog.mobikwik.com/contactus/), AirtelMoney (https://www.airtel.in/personal/money/contact-us), Freecharge (https://www.freecharge.in/contactus), OlaMoney (https://www.olamoney.com/support/index.html), JIO Money (https://www.jiomoney.com/contactus.html), PhonePe (https://www.phonepe.com/contact-us/), MPESA UPI – BHIM (https://www.bhimupi.org.in/get-touch) and GooglePay (https://support.google.com/pay/india/gethelp).

SHIPPING & DELIVERY

1. Orders placed on a weekday are dispatched within 24 – 36 hours, orders which are placed on weekend are dispatched on the next working day within 24-36 hours. However, the dispatch time may depend upon the availability of stock and might take upto one week to be dispatched in certain situations.  Please ensure you complete your address details correctly when placing your order. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
2. You will receive an email receipt when you complete the purchase process at www.ishqme.com and you can request a full paper VAT receipt when placing your order if it is required. For status of orders please email us.
3. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.

In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account within 14 days. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.

REFUND, RETURN AND CANCELLATION POLICY:

All queries relating to refund, return and cancellation along with their associated charges are given in our refund and cancellation policy.

LIABILITY

1. IshqMe shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by Other Parties as a result of any disclosures made by IshqMe, where Other Parties have consented to the making of such disclosures by IshqMe. If the Other Parties had revoked such consent under the terms of the Privacy Policy, then IshqMe shall not be responsible or liable in any manner to the Other Parties for any losses, damage, injuries or expenses incurred by the Other Parties as a result of any disclosures made by IshqMe prior to its actual receipt of such revocation.
2. The Other Parties shall not hold IshqMe responsible or liable in any way for any disclosures by IshqMe under Regulation 6 of the SPI Rules.
3. The Services provided by IshqMe or any of its licensors are provided ‘as is’, as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). IshqMe does not provide or make any representations, warranties or guarantees, express or implied about the Website or the Services.
4. IshqMe does not verify any content or information provided by the Other Parties on the Website and to the fullest extent permitted by applicable law(s), disclaims all liability arising out of the Other Parties’ use or reliance upon the Website, the Services, the IshqMe Content, Third Party Contents, representations and warranties made by the Other Parties on the Website or any loss arising out of the manner in which the Services have been rendered.
5. The Website may be linked to the website of third parties, affiliates and business partners. IshqMe has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Website. Inclusion of any link on the Website does not imply that IshqMe endorses the linked website. Other Parties may use the links and these services at their own risk.
6. IshqMe shall not be responsible for the mishaps/missed services due to no service/no show from the Other Parties; IshqMe shall not be responsible for any error in any of the services being provided by the Third Party Service Providers.
7. Users accept and acknowledge that IshqMe does not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statue or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on its Website by Third Party Service Providers, including any guarantee or warranty that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; (iv) do not cause any infringement; and (v) that the Third Party Service Providers have legal title over the goods/products being offered for sale by them on the Website. IshqMe also does not provide any representation or give any guarantee or warranty (whether express or implied) about the Website or any of the Services offered or services offered or provided by the Third Party Service Providers.
8. IshqMe assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Other Parties’ equipment on account of the Other Parties’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the Other Party is dissatisfied with the Website, the sole remedy of such Other Party(s) is to discontinue using the Website.
9. To the maximum extent permitted by applicable law(s), IshqMe, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (i) the use of, or the inability to use, the Website or the content, materials and functions related thereto; (ii) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
10. In no event shall the Protected Entities be liable for, or in connection with, (i) the provision of, or failure to provide, all or any products or service by a Third Party Service Provider to any User; or (ii) any comments or feedback given by any of the Users in relation to the goods or services provided by any Third Party Service Providers; or (ii) any content posted, transmitted, exchanged or received by or on behalf of any User, Third Party Service Providers or other person on or through the Website.
11. In no event shall the total aggregate liability of the Protected Entities to any Other Parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to negligence, strict liability, product liability or otherwise) arising from these Terms of Use or any Other Parties’ use of the Website exceed an aggregate amount of 1000/- (Indian Rupees One Thousand only). IshqMe accepts no liability for any errors or omissions on behalf of the Other Parties.

INDEMNITY

1. The Covenanters agree to defend, indemnify and hold harmless IshqMe, the Protected Entities, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) Covenanters access to or use of Website; (b) Covenanters violation of these Terms of Use or any applicable law(s); (c) Covenanters violation of any rights of another person/ entity, including infringement of their intellectual property rights; or (d) Covenanters conduct in connection with the Website.

TERMINATION

1. IshqMe reserves the right to terminate, suspend, deter or restrict the rights of the users and practitioner in connection with the services availed from the website on the following grounds:

• Breach of terms of agreement
• Report or abuse based third party complaints due to the services performed by the users
• Reasonable grounds for suspects of unauthenticated, illegal and incorrect information
• Unable to verify the authentication of information
• If the actions of users might be prejudice to the law and the company
• Any other grounds as the company may deem fit to think as reasonable grounds to terminate the service

2. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account.
3. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.

WAIVER:

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by IshqMe. Any consent by IshqMe to, or a waiver by IshqMe of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SEVERABILITY:

If any provision of the Agreement is held by a Court Of Competent Jurisdiction Or Arbitral Tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

DISPUTE SETTLEMENT MECHANISM:

These terms and agreements bind us into the contract and all the terms of the privacy policy will be governed by Indian Laws applicable at the time of enforcement of this policy.

In case of any disputes between the service providers and customers, alternative dispute resolution mechanism will be followed and all the matters will be resolved using arbitration mode as per the Arbitration and Conciliation Act, 1996. In case of non-performance of services, disputes arising from breach of policy, violation of privacy, the company at its sole discretion will require the disputes to be solved by Arbitration mode of resolution, with the Arbitration seating at Chennai, appointment of arbitrator will be done as per the agreed terms by the parties.

CONTACT INFORMATION:

In case of any disputes, clarifications, notices, all communications intended to be done shall be via email id: ops@ishqme.com