Terms and Conditions
WE ENCOURAGE YOU TO READ THESE TERMS CAREFULLY. BY ACCESSING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, WE ADVISE YOU TO NOT ACCESS, BROWSE OR OTHERWISE USE OUR WEBSITE OR OUR SERVICES.
“Circuluxe”, “we”, “our” or “us” refers to the Company, <Circuluxe enterprises>. “You” or “your” refers to the user or customer accessing our website or availing our services.
Acceptance of Terms
By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein (“Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the Site by Circuluxe, each of which is incorporated by reference and each of which may be updated by Circuluxe from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Circuluxe from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have a page on the Service.
Legally binding
These Terms of Use constitute a legally binding contract. The Terms shall be in effect as on the date you use or access any of our service.
General Terms
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Circuluxe may offer special promotional offers, which may or may not apply to your Circuluxe account. You agree to be bound by any additional terms and conditions for these special offers. Headings are for reference purposes only and do not limit the scope or extent of such section. The laws of the India will govern this Terms Of Use and the relationship between you and Circuluxe. The failure of Circuluxe to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Circuluxe does not guarantee it will take action against all breaches of this Terms Of Use. Except as otherwise expressly provided in this Terms Of Use, there shall be no third-party beneficiaries to this Terms Of Use. This Terms Of Use constitutes the entire agreement between you and Circuluxe and governs your use of the Site, superseding any prior agreements between you and Circuluxe with respect to the Site.
Description of Services
In the site, Circuluxe provides users with access to sales of lifestyle, fashion and luxury products and services online (the "service"). You are responsible for obtaining access to the site, and that access may involve third-party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the site. Circuluxe Inc, Tortola, BVI owns the site.
Access
Subject to these Terms of Use, Circuluxe may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Circuluxe performs for you, any applications or widgets offered by Circuluxe that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (eg. App Store, Play Store or Google Apps Marketplace) authorized by Circuluxe, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)). You may only use certain portions of the Site if you are a Circuluxe registered visitor, buyer or seller. If you do not agree to be bound by this Terms Of Use and the Privacy Policy, you may not use the Site in any way. Individuals who did not register their e-mail address at Site might not be able to access or use all the information and functionality presented on Site. For avoidance of doubt, such individuals are also considered a "User".
Registration and Eligibility
You are required to register with Circuluxe to browse the Site, view Content and access the Services only and represent, warrant and covenant that you provide Circuluxe with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and/or mobile telephone number and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Circuluxe account. We recommend, but do not require, that you use your own name as your User Name so your contacts can recognize you more easily. You shall not:
Create any account for anyone other than yourself without such person's permission.
Use a username that is the name of another person with the intent to impersonate that person.
Use a username or Circuluxe account that is subject to any rights of a person other than you without appropriate authorization.
Use a username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Circuluxe reserves the right to refuse registration of, or cancel a User Name at its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Circuluxe password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Circuluxe in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity or a minor, that you are lawfully authorized to enter into, and bind the entity or yourself (as the legal guardian of the minor) to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 18 years old. Circuluxe may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will update your account information on the Services within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
Circuluxe reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Customer’s Responsibilities
You are solely responsible for (i) you and your authorized users’ access and use of our services and compliance with these Terms, (ii) maintaining the confidentiality of yourself and your authorized users’ log-in information, credentials and passwords associated with your account, and the privacy and security of your account, (iii) any monies due to you related to transactions that are processed through your payment gateways, merchant account providers or any payment processors that you utilize in connection with our services, and (iv) all activities that occur regarding your account regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). We are not responsible for any alteration, compromise, corruption or loss of your data, or any activity that arises from any access to, sharing or use of your account, log-in information, credentials or passwords, or your activities, except to the extent caused by our breach of these Terms. You agree to notify us immediately of any unauthorized access or use of your account, log-in information, credentials or passwords, or any unauthorized activity in your account. We have the right to suspend or terminate the Services, without notice to you, if we suspect any unauthorized activity. You agree to cooperate with us in any investigation into suspected or actual unauthorized activity.
The customer and its authorized users may use Circuluxe’s Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither the customer nor any user may copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile Circuluxe services or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that Circuluxe is not permitted by applicable law to exclude or limit the foregoing rights; or use Circuluxe’s services or any part or element thereof unless it has agreed to these Terms.
Content
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Circuluxe cannot guarantee the authenticity of any Content or data which users may provide while utilizing the Services. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms, the term "Content" includes, without limitation, any location information, video clips, audio clips, responses, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Circuluxe.
Circuluxe Content
The Service contains Content specifically provided by Circuluxe or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Subject to these Terms of Use, Circuluxe grants each user of the Site and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Circuluxe, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
Privacy
Circuluxe takes the privacy of its users and customers very seriously. Circuluxe’s Privacy Policy at [www.circuluxe.com/privacy-policy] is hereby incorporated into these Terms by reference.
PRODUCT DESCRIPTIONS
Circuluxe attempts to be as accurate as possible. However, Circuluxe does not warrant that product descriptions, titles, attributes, specifications, price or other content or any other information related to the product(s) are accurate, complete, reliable, current, or error-free. Circuluxe holds ownership in the way the titles or content are laid out, arranged and standardised.
Terms of Service
License and Site Access
Circuluxe grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Circuluxe's sole discretion) an unreasonable or disproportionately large load on Circuluxe's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Circuluxe to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Circuluxe.
Intellectual Property
Your use of our services or parts thereof does not grant you any ownership or intellectual property rights. Any commercial or promotional distribution, publishing or exploitation of our services or content related to our services is strictly prohibited. You do not acquire any ownership rights by downloading or purchasing any of our software or parts thereof from our website.
You shall not copy, distribute or publish any content or any information obtained or derived therefrom except as permitted by applicable law.
Third Party Products and Services
Our services may contain links to third party information, websites, products, services or resources that are not owned or controlled by us. We do not endorse any such third-party content. If you access or use such third-party content through our services, you do so at your own risk. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
Warranty Disclaimer
Save to the extent required by law, Circuluxe has no special relationship with or fiduciary duty to you. You acknowledge that Circuluxe has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
You release Circuluxe from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Circuluxe makes no representations concerning any Content contained in or accessed through the Service, and Circuluxe will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service and cannot be held liable for any third-party claims, losses or damages.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Service,
particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICE AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
Indemnification
You shall defend, indemnify, and hold harmless Circuluxe, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Circuluxe). Circuluxe reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Circuluxe in asserting any available defenses.
Limitation of liability
You expressly understand and agree that Circuluxe and its subsidiaries, affiliates, officers, directors, partners, employees, agents, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, inaccurate pricing due to human error, technical error or bug, software glitches etc., damages for loss of profits, goodwill, use, data or other intangible losses (even if Circuluxe has been advised of the possibility of such damages), resulting from use of the site, content or any related services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CIRCULUXE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT CIRCULUXE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT OR USER SUBMISSIONS FOR:
INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
LOSS OF ACTUAL OR ANTICIPATED PROFITS;
LOSS OF REVENUE;
LOSS OF GOODWILL;
LOSS OF DATA;
LOSS OF ANTICIPATED SAVINGS;
WASTED EXPENDITURE; OR
COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
Links
The Site or third parties may provide links to other World Wide Web sites or resources. Because Circuluxe has no control over such sites and resources, you acknowledge and agree that Circuluxe is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Circuluxe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Governing Law
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Circuluxe agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Terms of Use and all other policies available on this Service shall be interpreted and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms of Use and/ or other policies, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by Arbitration Act and Rules thereto for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of a sole arbitrator. The seat and venue of Arbitration shall be Delhi, India and the language of proceedings shall be English. Subject to the foregoing, the Courts of India shall have exclusive jurisdiction over any disputes relating to the subject matter, herein.
Notwithstanding the foregoing, if a dispute arises with respect to the validity, scope, enforceability, inventorship, ownership, infringement, breach or unauthorised use of any patent, trademark, copyright or other intellectual property right or any non-proprietary data owned and/or controlled by Circuluxe, whether or not arising from the Terms of Use, such dispute (at the option of Circuluxe) shall not be submitted to arbitration and instead, Circuluxe shall be free to initiate litigation, including but not limited to a claim for interim injunctive relief, in a court of competent jurisdiction, in any country or other jurisdiction in which such rights apply.
Modification to these Terms
We reserve our right to change or revise these Terms at any time by making changes on our website. We encourage you to revisit and review these Terms and stay informed of any changes. Your continued use of our website or our services following the posting of any such changes of the revised Terms will constitute your acceptance of such changes or revisions.
Trademarks
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Circuluxe and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Circuluxe or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
CIRCULUXE IS NOT ASSOCIATED WITH THE BRANDS THAT IT SELLS, WHICH ARE A REGISTERED TRADEMARK OF THE RESPECTIVE BRAND OWNERS AND NOT OF CIRCULUXE.
Claims of Copyright or Trademark Infringement
Claims of copyright or trademark infringement should be sent to Circuluxe’s designated agent. If you believe that someone is infringing your copyright or trademark rights on the Site, you can report it to us by contacting our designated agent at <insert email address> with a report containing the following information:
your complete contact information (name, mailing address and phone number),
a detailed description of the Content that you claim infringes your copyright or trademark along with details on how it infringes upon your copyright or trademark,
the web address (URL) of the infringing content,
a declaration that you are filing this report in good faith and that all the information provided is accurate and that you are the owner of the copyright and/or trademark in question.
Please attach your digital signature or physical signature to the report.
Within 48 hours of receiving this notice with the abovementioned details, we will take down the allegedly infringing material from public view while we assess the issues identified in your notice.
On completion of the take-down procedure above:
If the complainant is successful in obtaining an order of injunction from a court of competent jurisdiction within 21 days from filing the complaint, the material will be permanently removed from Circuluxe’s Site and database upon Circuluxe being provided with a copy of such order;
If the complainant is not successful in obtaining an order of injunction from a court of competent jurisdiction within 21 days from receiving notice from the complainant, the material will be made available for public view once again.
Circuluxe may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TERMS OF USE.
Severability
If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
Notice
Circuluxe may give notice by means of a general notice on the Site / Service, electronic mail to your email address in your account, or by written communication sent to your address as set forth in your account. You may give notice to Circuluxe by written communication to Circuluxe’s email address at ______
Waiver
If you fail to exercise or enforce any provisions or rights under these Terms, it will be deemed as a waiver of future enforcement of that or any other provision or right.
Force majeure
We shall not be responsible to you for any failure to perform, which is caused by occurrences beyond our reasonable control including, but not limited difficulties in delivery, strikes, lock-outs, labour disputes of any kind, fires, accidents, earthquakes, tornados and other natural events, riots, war (whether declared or undeclared), uprisings, delay of carriers, government seizures, embargos, laws or regulations of any political sub-division or agency (including government controlled export credit agency), or any government. During the persistence such events we shall be exempt from performing our obligations.
Miscellaneous
Circuluxe shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Circuluxe's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Circuluxe's prior written consent. Circuluxe may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.