(EFFECTIVE AS OF 22ND OCTOBER 2013)
ABOUT AUGUST PURPLE
Moda Optics is an authorized online retailer of eyewear products and related accessories distributed by Luxotticaunder the “Ray-Ban” trademark / logo (“Products”) in India.
This website (“Website”) has been set up, and is operated and maintained by August Purple for the purpose of sale of Products by Moda Optics to end customers.
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 shall not register as a User of the website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. August Purple reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to August Purple’s notice or if it is discovered that you are under the age of 18 years.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
You release and indemnify August Purple and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, August Purple cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Membership on the Website is free for buyers. August Purple does not charge any fee for browsing and buying on the Website. August Purple reserves the right to change its Fee Policy from time to time. In particular, August Purple may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event August Purple reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to August Purple Services Private Limited.
USE OF THE WEBSITE
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- Belongs to another person and to which You donot have any right
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
- Is misleading in any way
- Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual
- Harasses or advocates harassment of another person
- Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
- Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- Infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
- Promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
- Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
- Contains video, photographs, or images of another person (with a minor or an adult).
- Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal.
- Interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services.
- Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products.
- Violates any law for the time being in force.
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
- 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.
- Shall not be false, inaccurate or misleading.
- Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
- 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 shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms August Purple, or otherwise engage in any conduct or action that might tarnish the image or reputation, of August Purple or otherwise tarnish or dilute any August Purple’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or August Purple’s systems or networks, or any systems or networks connected to August Purple.
- 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.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- August Purple shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
CONTENTS POSTED ON SITE
You may use information on the products and services purposely made available on the Website for downloading, provided that You
- Do not remove any proprietary notice language in all copies of such documents
- Use such information only for your personal, noncommercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media
- Make no modifications to any such information, and
- do not make any additional representations or warranties relating to such documents.
DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, August Purple does not warrant that:
This Website will be constantly available, or available at all; or the information on this Website is complete, true, accurate or non-misleading.
August Purple will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. August Purple does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if We are unable to deliver such Products due to implications of different state laws, We will return or will give credit for the amount (if any) received in advance from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
- While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
- Is misleading in any way
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
- All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
- Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. 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 shopping environment to Our Users
- Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
- For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer).
- Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
- For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- Refund shall be conditional and shall be with recourse available to August Purple in case of any misuse by Buyer.
- Refund shall be subject to Buyer complying with Policies.
- Moda Optics reserves the right to impose limits on the number of Transactions or Transaction Price which Moda Optics may receive from on an individual Valid Credit / Debit / Cash Card / Valid Bank Account / and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- Moda Optics reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Moda Optics or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- Moda Optics may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Moda Optics. As a result of such check if Moda Optics is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.
- Moda Optics may delay notifying the payment confirmation, if Moda Optics deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, we may hold Transaction Price and Moda Optics may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
- You acknowledge that Moda Optics will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Moda Optics.
COMPLIANCE WITH LAWS
Buyer and Moda Optics shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the Website.
BUYER’S ARRANGEMENT WITH ISSUING BANK
All Valid Credit / Debit / Cash Card / and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
NOTIFICATION ON VAT W.E.F. 5TH JANUARY, 2012
August Purple is eligible and within legal provisions under the Value Added Tax Regulations to charge VAT separately on the discounted sales amount provided, the final total price charged to the customer is within the MRP mentioned on the products. Do call us on +91-9242020202 or email us at firstname.lastname@example.org. for more clarifications.
JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Moda Optics makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so at their own initiative and Moda Optics is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by August Purple. This web site contains many trademarks, trade names, service marks, copyrights, and/or logos of Ray-Ban and may also contain several protected marks of Ray-Ban’s numerous affiliates. Such marks remain the property of their respective owners. User recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of this web site, any right, title, or interest in the marks. User agrees that it will not change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited
August Purple does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
LIMITATION OF LIABILITY
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Brinderpal Singh
August Purple Services Private Limited
No. 764, 3rd floor, 100 Feet Road, Indiranagar,
Near Sony Center, Landmark Brooks Brothers,
POLICIES (Profanity Policy)
- August Purple prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
- This policy extends to text within listingsand all other areas of the site that another User may view.
- Please report any violations of this policy to the correct area for review:
- Report offensive Display Names
- Report offensive language in a listing or otherwise
- If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.
- Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.
- August Purple will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.
- Violations of this policy may result in a range of actions, including:Limits placed on account privileges
DISPUTES VIA CHARGEBACK
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
- Item not received CB - Buyer hasn’t received the item. Refund will be created in accordance with the dispute policies of the payment gateway/bank.
- Unauthorized CB - Buyer hasn’t made this particular transaction. Refund will be created in accordance with the dispute policies of the payment gateway/bank.
- Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies of the payment gateway/bank.
EMAIL ABUSE & THREAT POLICY
Private communication, including email correspondence, is not regulated by August Purple. August Purple encourages its Users to be professional, courteous and respectful when communicating by email.
However, August Purple will investigate and can take action on certain types of unwanted emails that violate August Purple policies.Such instances:
- Threats of Bodily Harm - August Purple does not permit Users to send explicit threats of bodily harm.
- Misuse of August Purple System - August Purple allows Users to facilitate transactions through the August Purple system, but will investigate any misuse of this service.
- Spoof (Fake) email - August Purple will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab.
- Spam (Unsolicited Commercial email) - August Purple’s spam policy applies only to unsolicited commercial messages sent by August Purple Users. August Purple Users are not allowed to send spam messages to other Users.
- Offers to Buy or Sell Outside of August Purple - August Purple prohibits email offers to buy or sell listed products outside of the August Purple Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
- August Purple policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
- Violations of this policy may result in a range of actions, including:Limits on account privileges , Account suspension