Sample Hall Mobile App

Terms and Condition

Last Updated on : March 1, 2020.

TERMS OF USE

Introduction

Sample Hall is a software application (“Application”) owned and managed by M/s. Kimaya Retail Innovations (hereinafter referred to as “the Company”).

On the Application, the Company provides a platform to connect probable buyers (retailers) and sellers (manufacturers, wholesalers and distributors) engaged in the fashion industry.

The terms and conditions contained herein along with the Privacy Policy (together referred to as the “User Agreement”) form an agreement regulating our relationship with regard to your use of the Application and the services provided therein. You are advised to read this User Agreement carefully. If you are not agreeable to any terms and conditions contained herein or in the Privacy Policy, you should not use this Application / service. You can use the Application / services if you are agreeable to all the terms and conditions of this User Agreement in their entirety. The usage of the Application and the services by you shall be deemed to be an unconditional acceptance of the terms hereof, and this User Agreement will be a legally binding agreement between you and the Company.


Account and Registration Obligations

"Your Information" is defined as any information you provide to us in the registration process and all product related information provided on your product page or through any e-mail feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Application, you shall be responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device / computer, and you agree to accept responsibility for all activities that occur under your account or password.The Company shall not be liable to you or any person for any loss or damage that may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If the Company has reason to believe that there is likely to be a breach of security or misuse of the Application, we may require you to change your password or we may suspend your account without any liability to the Company.


You also agree to:

    1. Provide true, accurate, current and complete information about yourself as prompted by the Application’s registration form; 2. Maintain and promptly update your information and the product information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with this User Agreement, the Company has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Application or its services.

If you are a seller, You agree that your information and any product related information submitted by you shall not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no such information submitted by you to the Application will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".


The Company does not regularly review product related information, but does reserve the right (but not the obligation) to monitor and edit or remove any such information submitted to the Application. The Company reserves the right to remove at its sole discretion, any data / material displayed on the Application, which it reasonably believes is unlawful or objectionable or is otherwise, in the opinion of the Company, found inappropriate or in breach of the terms of this User Agreement.You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any product/s you submit. You are and shall remain solely responsible for the content of any information submitted on your product page and you agree to indemnify the Company for all claims resulting from any such information / details you submit. The Company takes no responsibility and assumes no liability for any such information / details submitted by you or any third party on the Application.


Membership Eligibility

Use of the Application is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Application / its services. If you are a minor i.e. under the age of 18 years, you may use the Application / services only under the supervision of a parent or legal guardian who agrees to be bound by the terms of this User Agreement. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. The Company reserves the right to terminate your membership and refuse to provide you with access to the Application / services if the Company discovers that you are under the age of 18 years. The Application / services provided therein are not available to persons whose membership has been suspended or terminated by the Company for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

Except where additional terms and conditions are provided which are product / service specific, these terms and conditions supersede all representations, understandings or agreements.


Pricing and Payments

All prices of products and services listed on the Application by sellers / members are subject to change without notice. You agree that the Company may immediately authorize your credit card (or other approved facility) for payment for any charges incurred under your account. 
You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this User Agreement in any manner. For any queries / questions about any charges on your credit card / other statement, please follow the instructions found on the Application to contact our customer service.

While availing any of the payment method/s available on the Application, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to any payment issues arising out of the transaction, or decline of transaction or for any other reason/s whatsoever.


All payments made against the purchases/services on the Application shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Company / the Application does not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Application. The Company may, before allowing You to use the Application / services, request you to provide supporting documents (including but not limited to Government issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online environment to our users.


You have specifically authorized the Company through the Application to collect, process, facilitate and remit payments electronically to and from other users in respect of transactions contemplated therein. Your relationship with the Company is on a principal to principal basis and by accepting the User Agreement, you agree that the Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Application. The Company does not guarantee the identity of any user nor does it ensure that a buyer or a seller will complete a transaction.


The Company reserves the right to refuse to process transactions by users with a prior history of questionable charges including without limitation breach of any terms of the User Agreement by any user or breach/violation of any law or any charges imposed by Issuing Bank.


Returns Policy


As a buyer, You agree that the returns policy with respect to any product/s purchased from any seller, shall be as specified by such seller on the seller’s content page. You understand and agree that a purchase of any product / service from any seller through the Application shall become a direct legal contract between the buyer and the seller and the Company shall not be responsible for any disputes arising between you in this regard.


Electronic Communications

You consent to receive communications from the Company electronically. The Company will communicate with you through short messaging services (SMS), email or by posting notices on the Application.


Reviews, Feedback, Submissions

Except Your Information as defined earlier, all other information, notes, reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company or otherwise disclosed, submitted or offered in connection with your use of the Application (collectively, the "Submissions") shall be and remain the exclusive property of the Company. Such disclosure, submission or offer of any Submissions shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Submissions. The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Submissions you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Company is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay you any compensation for any Submissions; or (3) to respond to any Submissions. You agree that any Submissions submitted by you shall not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Submissions submitted by you to the Application will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".


The Company does not regularly review posted Submissions, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions submitted to the Application. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions you submit. You are and shall remain solely responsible for the content of any Submissions you make and you agree to indemnify the Company for all claims resulting from any Submissions you submit. The Company takes no responsibility and assumes no liability for any Submissions submitted by you or any third party on the Application.


Copyright & Trademark

All third party / member designs, information and data on the Application are copyright and intellectual property of their respective members / owners and cannot be reproduced or transmitted in any form without the prior written permission of the concerned member.

The Company and its licensors expressly reserve all intellectual property rights in all content, text, programs, processes, technology and other materials, which appear on the Application. Access to the Application or any portion does not confer and shall not be considered as conferring upon anyone, any license under any of the Company’s or any third party's intellectual property rights. All rights, including copyright, in the content on the Application and the Application itself are owned by or licensed to the Company. Any use of the Application or its contents, other than for your own personal, non-commercial use, is prohibited without the permission of the Company. You may not modify, distribute or re-post anything from the Application for any purpose.


The Company names, logos and all related products and service names, design marks and slogans are the trademarks or service marks of the Company. All other marks are the property of the respective companies / members. No trademark or service mark license is granted in connection with the materials contained on the Application. Access to the Application does not authorize anyone to use any name, logo or mark owned by the Company or its licensors / members, in any manner.


All materials, including write ups, images, text, illustrations, products, designs, icons, photographs, programs, music clips, video clips and written and other materials that are part of the Application (collectively, the "Contents") are intended solely for personal, non-commercial use. You are not allowed to download or copy the Contents displayed on the Application. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Application or any related software. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on the Application is strictly prohibited. Unless otherwise noted, all software and Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by the Company or by third parties / members who have licensed their materials to the Company and are protected by Indian and international copyright laws.


Objectionable Content

You understand that by using the Application or any services provided on the Application, you may encounter information / Submissions / Content that may be deemed by some to be offensive, indecent or objectionable, which may or may not be identified as such. You agree to use the Application and any service at your sole risk and that the Company and its affiliates shall have no liability to you for such information / Submissions / Content that may be deemed offensive, indecent or objectionable to you.


Member links and third party links

References on the Application to any names, marks, products or services of third parties / members or hypertext links to third party or member sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party / member, information, product or service. Please note that we do not advise you to provide details of your credit card on any of the third party websites / applications / links. Provision of any such information by you shall be at your own risk. The Company will not be liable for any credit / debit card fraud.


The Application contains links to third-party and member resourcesand products. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such resources / information; or (ii) the content, products or services on or available from such third party / members’ resources. Links to such products / resources do not imply any endorsement by the Company of such resources or the content, products or services available from such resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party / member resources. Your usage of the third party / member resources through visiting their data / website / application through the Application constitutes a direct agreement between you and such third party / member service provider and you agree and understand that any dispute in respect of such usage shall be settled by you directly with such third party / member service provider. You agree and acknowledge that the Companyshall have no responsibility or role in the event of any such disputes.


Indemnity

You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party due to breach by you of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, rules or regulations, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.


Termination

The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Application and its services. Such termination will be without any liability to the Company. Upon any termination of the User Agreement by the Company, you must promptly remove all materials uploaded from the Application. The Company’s right to any Submissions shall survive any termination of this User Agreement.


Application Security

You are prohibited from violating or attempting to violate the security of any of the Application, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Application, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil and / or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Application or any activity being conducted on the Application. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Application other than the generally available third party web browsers (e.g., Microsoft Internet Explorer, Mozilla Firefox, Safari).


You may not use the Application for any of the following purposes:

(i) Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

(ii) Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

(iii) Gaining unauthorized access to other computer systems;

(iv) Interfering with any other person's use or enjoyment of the Application;

(v) Breaching any applicable laws;

(vi) Interfering or disrupting networks or Applications connected to the Application;

(vii) Making, transmitting or storing electronic copies of the data / Contents or any portion thereof without the permission of the Company.


Limitation of Liability

The Company shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the use of the Application, its services, the terms of this User Agreement.


Without prejudice to the generality of the above, the total liability of the Company to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to (i) the value of the last financial transaction made by you on the Application; or (ii) an amount of Rupees Two Hundred only (INR200/-); whichever is lower. The preceding sentence does not and shall not preclude you from the requirement to prove actual damages.


The Company makes no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any member data, product data, Contents, information, software, text, graphics, links or communications provided on or through the use of the Application or that the operation of the Application or any of them will be error free and/or uninterrupted. All of the foregoing are provided on an ‘as is’ basis. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Application; and/or any interruption or errors in the operation of the Application.


Entire Agreement

If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement and the Privacy Policy constitutes the entire agreement between you and the Company with respect to your use of the Application and the services therein and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the same. The Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to any subsequent or similar breaches.


Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Amritsar shall have exclusive jurisdiction in any proceedings arising out of this User Agreement without regard to the conflict of laws principles. The Company shall be entitled to specifically enforce its rights and obligation under this User Agreement and shall be entitled to do everything necessary for carrying out the true intent and purpose of this User Agreement.


Privacy Policy

We do not sell or rent Your Information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. You and Your Information are one of our most important assets. We store and process Your Information on computers that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to Your Information being transferred or used in this way please do not use the Application.


Modification of the User Agreement / Privacy Policy

The Company may at any time modify this User Agreement or the Privacy Policy and shall send out an intimation / notification regarding the same to you. You can access the latest version of the User Agreement and the Privacy Policy at any given time on the Application. In the event the modified User Agreement / Privacy Policy is not acceptable to you, you should discontinue using the Application and the services. However, if you continue to use the Application or any portion of it and the service provided by the Company, you shall be deemed to have accepted the modified User Agreement and the Privacy Policy.


Contact Details:

You may contact us at:

Address: 69, White Avenue, Amritsar, Punjab 143001

Phone: +91-99150-18282

E-mail: sourabh@samplehall.com