These terms of use ( “Terms”) (read in conjunction with the documents referred to on it) mandate the terms on which the users ( “You” or “Your” or “Yourself” or “User”), i.e. end user/shopper/customer, access and register on the website ‘ www.cultsport.com’, mobile website cultsport.com and Mobile Application ‘CultSport’ (collectively referred to as the “Platform”), operated by Diverse Retails Private Limited (hereinafter referred to as “We” or “Our” or “Us” or “Company” ), and on which Company supplies the products and/or services listed on the Platform. Please read these Terms carefully before using the Platform.

You understand that by using the Platform, you are deemed to have accepted these Terms, regardless of how you subscribe to or use the services of the Platform. These Terms of Service and various other policies are binding under relevant provisions of the Information Technology Act of 2000.

1. Acceptance of Terms

  1. Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by the Company at its sole discretion, from time to time, and posted on the Platform. By (i) using this Platform or any Services in any way; or (ii) merely browsing the Platform, You agree that You have read, understood and agreed to be bound by these Terms; and
  2. The Company retains an unconditional right to modify or amend this Terms without any requirement to notify You of the same. It shall be Your responsibility to check this Terms periodically for changes. Your continued use of the Platform following the posting of changes to this Terms on the Platform, will constitute Your consent and acceptance of those changes.

2. Eligibility to Use

  1. The Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under the applicable laws;
  2. The Company reserves the right to refuse access to the Platform or Services to new Users or to terminate access granted to existing User(s) at any time without according any reasons for doing so; and
  3. You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform. Any purchase of the Product made through Your Account shall solely be Your responsibility.

3. User Account, Password, and Security

  1. In order to avail the Services (as defined hereinafter) on the Platform, You will have to register on the Platform by providing details about Yourself, including Your name, address, contact details and such other details as may be required on the Platform and create an account ( “Account”);
  2. You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You; and
  3. You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another User’s Account information for availing the Services is expressly prohibited.

4. Services

We provide a number of Internet-based services through the Platform (all such services, collectively, the "Service(s)"). One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (the "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, refund policy etc. (which are found on the FAQ tab in the Platform). In addition, these Terms may be further supplemented by Product specific conditions, which may be displayed with that Product.

5. Privacy Policy

We have developed our privacy policy (the “ Privacy Policy”) to protect Your personal/ financial information and keep it confidential. By visiting Our Platform, you are accepting and consenting to the practices described in Our privacy policy.

6. Use of Platform, User Conduct and Rules

  1. Subject to compliance with the Terms, the Company grants You a non-exclusive, revocable, limited privilege to access and use this Platform and avail the Services. You agree to use the Services, Platform and the materials provided therein only: (a) for purposes that are permitted by the Terms; (b) for purposes for which the Services are intended to be used; and (c) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by the Company/other Users;
  2. You agree not to access (or attempt to access) the Platform and the materials or Services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, 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 Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, bookings, documents or information through any means not specifically made available through the Platform;
  3. As part of the Services provided to You, after availing such services, You agree to provide honest feedback/review about the concerned Service, if required by the Company;
  4. In case of any dissatisfaction with the Services, You shall first file a formal complaint with the customer service of the Company, prior to pursuing any other recourse. Upon lodging a complaint You agree to provide complete support to the customer service team with such reasonable information as may be sought by them from You. The decision of the Company on the complaints shall be final and You agree to be bound by the same;
  5. You acknowledge and agree that by accessing or using the Platform or Services, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform;
  6. If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility. The Company reserves the right to review any information provided/data uploaded, if any, by You on the Platform and delete any information/data that is inconsistent with these Terms;
  7. Further, You undertake not to:
    1. defame, abuse, harass, threaten or otherwise violate the legal rights of others;
    2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
    3. copy, republish, post, display, translate, transmit, reproduce or distribute any s through any medium without obtaining the necessary authorization from the Company;
    4. conduct or forward surveys, contests, pyramid schemes or chain letters;
    5. upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
    6. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer or provide you undue advantage or benefit in purchasing goods / availing services;
    7. engage in any activity that interferes with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Platform);
    8. attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
    9. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
    10. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
    11. collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
    12. use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
    13. use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
    14. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    15. violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
    16. violate the Terms contained herein or elsewhere; and
    17. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform; and
  8. Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable, non-transferable access to view any content available on the Platform, subject to the following conditions:
    1. You may access the content solely for personal, informational, and internal purposes, in accordance with the Terms;
    2. You may not modify or alter the content available on the Platform;
    3. You may not distribute or sell, rent, lease, license or otherwise make any content on the Platform available to others; and
    4. You may not remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.

7. Payment Terms and Conditions

  1. All payments in respect of the Products shall be made to the Company through the Platform. To the extent permitted by applicable law and subject to the Company’s Privacy Policy, you acknowledge and agree that the Company may use certain third- party vendors and service providers, including payment gateways, to process payments and manage payment card information;
  2. In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment ( “Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Platform in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. The Company shall use the Payment Details as described in the Company’s Privacy Policy. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform;
  3. The payment receipt/transaction summary for completion of a transaction shall be provided by the Company and be made available on the Platform and also sent to your registered email address;
  4. With regards to payments, We shall not be responsible for any unauthorised transactions conducted on our Platform using Your Payment Details. The Platform shall not be obligated to refund any money to You in such instances; and
  5. Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because: (1) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (2) You have not provided the Company with correct Payment Details; (3) Your payment card has expired; or (4) circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.

8. Exactness Not Guaranteed; Refund Policy

Platform hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Our return, refund & exchange policy offers You the option to return or exchange items purchased on Platform. In case of return of the purchased item, please refer to the return / refund and / or exchange policies on the Platform. We shall not be liable for any inconvenience or loss caused to You as a result of any rescheduling, cancellation and delay in delivery of the Products purchased by You.

9. Pricing

Platform enables You to purchase Products listed on the Platform at the price indicated therein at any time. However, Our Platform does not guarantee that the price will be the lowest in the city, region or geography. In the event that a Product is listed at an incorrect price or with incomplete information due to an error in pricing or product information, We may cancel the Order. The pricing is subject to Our pricing policy and the prices shall be determined by us.

Also, We may in Our sole discretion cancel Your order and notify You of such cancellation. If We have to cancel an order after we have received the payment, the said amount will be refunded.

10. Special Offers/ Discount or Sale Campaigns

If We run any offers and/or discounts subsequent to Your purchase, We are not obliged to offer You the benefits under such subsequent offers, however We may offer You benefits under subsequent offers if You opt for purchase of Products at the time of such subsequent offers being live on the Platform. In addition to these Terms, there are additional terms and conditions applicable on You under the specific offers, discount and sales schemes/ campaigns which are offered by Us from time to time, for example - during any heavy sales day the Products may have a longer delivery dates.

11. Intellectual Property Rights

  1. The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Company and / or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights;
  2. The trademarks, logos and service marks displayed on the Platform ( “Marks”) are the property of the Company and / or its vendors and / or its licensors, as the case may be. You are not permitted to use the Marks without the prior consent of the Company or its licensors or the Vendors or any third party that may own the Marks; and
  3. If You believe the Platform or any of the Services violates Your intellectual property, You must promptly notify the Company in writing. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
    1. the intellectual property that You believe is being infringed;
    2. the item that You think is infringing and include sufficient information about where the material is located on the Platform;
    3. a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
    4. Your contact details, such as Your address, telephone number, and/or email;
    5. a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
    6. Your physical or electronic signature.

12. Disclaimer of Warranties & Liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:

  1. the Platform, Services and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that (i) the Platform or the Services will meet Your requirements or Your use of the Platform or the Services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform, or Services will be effective, accurate or reliable; (iii) the quality of the Platform or Services will meet Your expectations; or (iv) any errors or defects in the Platform or Services will be corrected. No advice or information, whether oral or written, obtained by You from the Company or through use of the Services shall create any warranty not expressly stated in the Terms;
  2. the Company will have no liability related to any user Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user Content;
  3. the Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform or Services, either with or without your knowledge;
  4. the Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or Services. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

13. Indemnification and Limitation of Liability

  1. You agree to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, employees, licensors and vendors (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform or Services, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights; and
  2. In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform, Services or Content on the Platform. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

14. Violation of the Terms

You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company and/or its licensors and / or its vendors, as the case may be, for which monetary damages would be inadequate, and You consent to the Company and/or its licensors and / or its vendors obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company and/or its licensors and / or its vendors obtaining may have at law or in equity or in these Terms. If the Company and/or its licensors and / or its vendors takes any legal action against You as a result of Your violation of these Terms, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

15. Suspension and Termination

  1. The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, your only recourse is to (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform;
  2. The Company may delist You or block Your future access to the Platform or suspend or terminate your Account if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically or upon receipt of a genuine complaint from another user. Notwithstanding anything in this clause, these Terms will survive indefinitely unless and until the Company chooses to terminate them; and
  3. If You or the Company terminate Your use of the Platform, the Company may delete any Content or other materials relating to Your use of the Services and the Company shall have no liability to You or any third party for doing so. However, your transactions’ details may be preserved by the Company for purposes of tax or regulatory compliance; and
  4. You shall be liable to pay for any Services/Products that you have already ordered till the time of termination by either party whatsoever. In addition, We also reserve the right to initiate legal action against You.

16. Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.

17. Report Abuse and Grievance Redressal

In the event You come across any abuse or violation of these Terms of use or if You become aware of any objectionable content on the Platform or if You wish to report a grievance regarding Platform or Platform Services, please report the same to the following e-mail id: [email protected] or reach out to our Grievance Officer, whose contact information is detailed below:

Please provide us with a detailed description of the complaint/grievance, and we will endeavour to resolve Your grievances within 15 (fifteen) days from the date of receipt of such grievance, or within such timeframe stipulated under applicable laws.

18. Communications

You hereby expressly agree to receive communications by way of SMS, PNs and/or e-mails from the Company, its licensors, vendors and other third parties relating to the Services provided through the Platform. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by e-mailing to [email protected].. However, this may limit the extent of Services that you can avail.

19. General Provisions

  1. Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third party without the requirement of seeking Your consent;
  2. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect;
  3. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right;

Last Updated on October 11, 2023

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