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Disclaimer / Intellectual Property Rights Policy

DISCLAIMER AGREEMENT

  

Welcome to www.urbantrend.co.in website, the online fashion marketplace. Urban Trend is India’s leading online fashion marketplace with a straight motto, to serve from the sellers to buyers.

Urban Trend adds new Retailers/Sellers and Brands to the fashion marketplace, so as a buyer you can access all your fashion shopping needs on online marketplace. You will find the best quality available at the lowest prices.

Urban Trend offers multiple payment options i.e. online by using your debit / credit card, net banking, cash on delivery mode and Urban Trend Wallet. 

 

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE. WWW.URBANTREND.CO.IN MAY MODIFY THIS AGREEMENT AT ANY TIME AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

 

1. Copyright, Trademark, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are URBAN TREND, its affiliates or other third party licensors. You may not allocate, distribute, or reproduce in any way any copyrighted material, Designs, trademarks or other Intellectual Property and proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. You may not modify copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, slogans, logo, graphics, code and/or software. You may print and download portions of material from the different areas of the Site solely for your own Personal non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. All software used on this Website is the property of Urban Trend or its licensees and suppliers and protected by Indian and international copyright laws.

 

2. Use of the Site.

You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(i) belongs to another person and to which You does not have any right to;

(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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;

(iii) is misleading in any way;

(iv) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(v) harasses or advocates harassment of another person;

(vi) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(vii) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(viii) 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];

(ix) 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;

(x) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(xi) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(xii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(xiii) contains video, photographs, or images of another person (with a minor or an adult).

(xiv) 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;

(xv) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Urban trend's prior written consent means a communication coming from Urban Trend's Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

(xvi) solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;

(xvii) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

(xviii) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(xix) harm minors in any way;

(xx) 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;

(xxi) violates any law for the time being in force;

(xxii) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(xxiii) impersonate another person;

(xxiv) 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;

(xxv) 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.

(xxvi) shall not be false, inaccurate or misleading;

(xxvii) 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.

(xxviii) 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;

All commercial/ contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/ contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Urban Trend does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

 

The website will make best possible endeavors to provide satisfactory, accurate and useful information as a response to any query. The website does not (expressly or impliedly) guarantee the accuracy, integrity or quality of any information, goods/products. The various tips or recommendations provided to any query do not assure definite services.

It is possible that other user (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.

Urban Trend 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).

 

3. Limitation of Liability

The www.urbantrend.co.in shall not be liable for any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance or service suffered by anyone on account of the use/performance of the information, response, advice furnished to you (via e-mail or otherwise), any action or lack of action by a you.

Urban Trend is not responsible for any technical problems or various Cyber Offences like Hacking etc. or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the www.urbantrend.co.in services or combination thereof.

Urban Trend is not responsible for any error, omission, interruption, loss, deletion, defect, theft, destruction or unauthorized access to, or alteration of any content you upload to the www.urbantrend.co.in services.

Urban Trend will not be responsible for any incorrect or inaccurate content uploaded to the www.urbantrend.co.in websites or in connection with the Urban Trend services, whether caused by user/client/seller of the Urban Trend services or by any of the services or programming associated with or utilized in the Urban Trend services. No warranty or representation of any kind, expressed or implied, is given by or on behalf of the Urban Trend that the responses to the queries shall be appropriate, secure, reliable and free-from-error. In spite of our best efforts, the information on this website may become outdated although, efforts will be made to correct the errors and keep the content updated. Also, the information and materials on this website are provided on an “AS IS WHERE IS” basis.

Urban Trend is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Urban Trend cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Urban Trend shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

Urban Trend makes no representations whatsoever about any other website which you may access through this one or which may link to this Site. When you access other than www.urbantrend.co.in website, please understand that it is independent from www.urbantrend.co.in, and that Urban Trend has no control over the content on that website. In addition, a link to a www.urbantrend.co.in website does not mean that Urban Trend endorses or accepts any responsibility for the content, or the use, or service of such website.

Urban Trend does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Urban Trend is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

Urban Trend is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

 

4. Indemnification.

You agree to indemnify, defend and hold harmless Urban Trend, its team of skilled and preserving associations, entire staff and any third party information providers to the Service from and against all losses, expenses, damages and costs, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

 

5. Charges.

Currently the membership on the Website is free and the Company does not levy any charges/fees for browsing or buying on the Website. However, for the purposes of listing any item on the Website to be sold or availing other services provided by the Company through the Website such as packing, warehousing, courier etc., the Seller will be charged fees as provided in the Facility Charges Policy incorporated herein by reference. The Company reserves the right to introduce new services or modify the existing services provided on the Website. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.

All fees/ charges shall be quoted in Indian Rupees and shall be payable to Shahlon Silk Industries Private Limited (to be confirmed) within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of the Website and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with the Website and disallow access to the Website. The Company also reserves the right to take any legal action against you in case of any non-payment of charges/fees to the Company.

The Company offers listing, packing, courier, warehousing, design and other value added services (Urban Trend Logistics Partners) to the sellers and sellers who opt to avail any of the Urban Trend Logistics services agree to comply with the terms and conditions set out in Policy for Urban Trend Logistics incorporated herein by reference. The sellers will be charged for such services availed from Urban Trend Logistics in accordance with the Facility Charges Policy.

 

6. Prohibition from engaging in Advertisement

You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to Urban Trend. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of the Terms and Conditions to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Urban Trend without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which we deems appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorized Urban Trend to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

 

7. Right to remove items or description that violates Terms & Conditions

Urban Trend reserves the right, but has no obligation, to monitor the materials posted on the Website. Urban Trend shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Urban Trend views. In no event shall Urban Trend assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

 

8. Term of Termination.

This Agreement shall remain in full force and effect while you use the www.urbantrend.co.in Services or services of Seller. Even after Membership is terminated, this Agreement will remain in effect. You may terminate your Membership at any time, for any reason via the “Close Account” form in the account section. If Sellers fails to pay any sums to each other, we will terminate your Membership without notice to you. 

 

9. Miscellaneous.

You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Urban Trend or the brand name or domain name used by Urban Trend including the terms, www.urbantrend.co.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Urban Trend or sellers on platform or otherwise tarnish or dilute any Urban trend’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 Urban Trend’s systems or networks, or any systems or networks connected to Urban Trend.

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.

This Agreement shall all be governed and construed in accordance with the applicable laws to agreements made and to be performed in India. You agree that any legal action or proceeding between www.urbantrend.co.in and you for any purpose concerning this Agreement or the party’s obligations hereunder shall be brought exclusively in an exclusive jurisdiction of Surat, Gujarat court according to Indian law. Any cause of action or claim you may have with respect to the Service must commence within a one month of the claim or cause of action arisen else such claim or cause of action is barred. www.urbantrend.co.in failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. www.urbantrend.co.in may assign its rights and duties under this Agreement to any party at any time without notice to you.

The www.urbantrend.co.in reserves the right to make changes in the website, withdraw access to this website, Terminate of membership and revise the services described in this website at any time without any previous notice.

 

Any rights not expressly granted herein are reserved.




Intellectual Property Rights Policy

 

TRADEMARK POLICY

"Urban Trend” logo and "www.urbantrend.co.in" are trademarks and/or service marks of Urban Trend or Others. For additional information on Urban Trend trademarks and service marks, please visit www.urbantrend.co.in. Unless otherwise noted on the website, all other trademarks, service marks, and logos used in this website are the trademarks, service marks or logos of their respective owners.

 

COPYRIGHT POLICY

You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under  Indian Copyright Act, 1957, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to www.urbantrend.co.in, and are subject to copyright and other intellectual property rights under Indian laws, foreign laws and international treaties and/or conventions. In connection with the Services, the Website may display certain trademarks belonging to third parties. Use of these trademarks may be subject to license granted by third parties to www.urbantrend.co.in. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Website are provided to you on “AS IS” basis for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

Urban Trend reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

You may not allocate, distribute, or reproduce in any way any copyrighted material, Designs, trademarks or other Intellectual proprietary Information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of www.urbantrend.co.in to terminate Membership privileges of any User who once infringes the copyright rights of others upon receipt of prompt notification to Urban Trend by the copyright owner or the copyright owner's legal agent/Advisor. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Urban Trend, its affiliates, its partners or its suppliers. All software used on this Website is the property of Urban Trend or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Urban Trend, one of its affiliates or by third parties who have licensed their materials to Urban Trend and are protected by Indian and international copyright laws.

TRADEMARK COMPLAINT

Urban Trend respects the intellectual property of others. In case you feel that Your Trademark has been infringed, you can write to Urban Trend at [email protected]