TERMS & CONDITIONS

Legalese Introduction

This is a legal agreement between you, the potential user of this website - www.swagup.com ("you"), and Azacus Strategy Consultants Private Limited ("SwagUp"). Your use of SwagUp's products, services and website, or any of the products and services offered on this website (collectively, the "Services") is conditioned on your acceptance, without modification, of these Terms of Use ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, you should not use the Services. You can accept the Terms simply by using the SwagUp Services. In this case, you understand and agree that SwagUp will consider your use of the Services as agreement to the Terms. SwagUp may, at its sole discretion, modify these Terms at any time, and such modifications will be effective immediately upon being posted on this Site.

About SwagUp

Our motto:

Everyone should embrace their OWN personal style and SwagUp helps you achieve that.

SwagUp is one of India’s first online personalized styling platform which not only provides personalized styling tips and advice.

Description of Products and Services

Products

SwagUp offers you the opportunity to choose a look / ensemble already available on the website based on occasions, seasons or latest fashion trends such as traditional styles for weddings, winter wear and accessories, products assorted based on celebrity fashion, etc.

SwagUp Chat

SwagUp also allows you to chat with a SwagUp stylist to deal with your style and fashion related queries. Such a SwagUp stylist may also suggest a look / ensemble / assortment of branded products already available on the website based on your preferences or may design a new look / ensemble / assortment of branded products especially for you.

Deals, Discounts and Offers

SwagUp provides you with various deals, discounts and offers from time to time along with the option of registering with the website for receiving updates about such promotional offers, deals and discounts. All promotional offers and discounts shall bear a unique ‘Promo Code’ which must be specified by you at the time of Checkout in order to avail the benefit of the offer. The applicability and duration of the use of a particular Promo Code shall be decided at the sole discretion of SwagUp and SwagUp reserves the right to refuse the usage of such Promo Code(s) at any point of time. Please note that Promo Codes cannot be used along with any other special offers on the website.

Feedback

We at SwagUp believe in providing personalized and customized products and services and welcome views and comments from our users. The ‘About’ section of the website also allows you to give us feedback regarding the products and services available on the website either by filling the form available on the website or via email. You may also contact SwagUp telephonically by calling the number provided on the ‘About’ page.

Provision Of Services

SwagUp is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which SwagUp provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that SwagUp may stop (permanently or temporarily) providing any of the Services to you or to users generally at SwagUp's sole discretion, without prior notice to you. You may stop using the Services at any time. You acknowledge and agree that if SwagUp disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account.

Use Of The Services By You

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to SwagUp will always be accurate, correct, and up to date. You agree to use the Services only for purposes that are permitted by (a) these Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, United Kingdom, India, and other relevant countries). You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by SwagUp, unless you have been specifically allowed to do so in a separate agreement with SwagUp. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with SwagUp, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. You agree that you are solely responsible for (and that SwagUp has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SwagUp may suffer) of any such breach.

Registration, Passwords, And Security

SwagUp allows you to register with the website in order to create your account with the website.

Please note that the Registration process requires you to provide personal information such as your full name, email ID and password, the use of which is governed by the SwagUp Privacy Policy.
Registration is a one-time process post which you may log in to your account on the website and enjoy the advantages of being a registered user.

You agree and understand that you are responsible for not automating account creation. You are also responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to SwagUp for all activities that occur under your account. SwagUp is not responsible for any actions whatsoever taken under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify SwagUp immediately at styleupcustomerservice@gmail.com.

‘Get This’ and ‘Buy Now’ Options and Checkout

In order to select a look / ensemble / assortment of products for purchase, you must select the ‘Get This’ option on the website. Upon selecting a look / ensemble / assortment of products, you will be provided with an option to purchase each item constituting such look / ensemble / assortment of products individually by selecting the ‘Buy Now’ option.

Upon selecting the Buy Now option, you will be redirected to the Checkout page whereby you can make the payment for initiating purchase of the required product using the Payment Methods enlisted below.

Payment Methods

SwagUp has engaged the services of renowned payment gateway, PayU Payments Private Limited operating under its trade name PayU, for the purpose of the payment transactions. Once the order has been placed, you will be redirected to the service webpage of PayU. Any information provided on the webpage of PayU shall be governed by the Privacy Policy of PayU and SwagUp shall not be responsible for any use of information collected through such webpage.

The various modes of payment permitted by SwagUp are as follows:

1. Credit Card

Payments may be made using Visa, MasterCard and American Express credit cards.
To pay using your credit card, you will need your card number, the expiry date of the card and the three-digit CVV number of the card. You will then be redirected to your bank's secure page for entering your online password to complete the payment.

2. Debit Card

Payments may be made using Visa, MasterCard and American Express debit cards.
To pay using your debit card, you will need your card number, the expiry date of the card and the three-digit CVV number of the card. You will then be redirected to your bank's secure page for entering your online password to complete the payment.

3. Net banking

You may also avail your bank's Internet banking services to make payments on this website if such bank is displayed in the list of banks displayed by PayU.

4. Cash on Delivery

SwagUp also allows you the option to make payments by cash upon the delivery of the products by the brand(s) whose products are purchased by you. However, please note that the availability of this option will be subject to the policies of the brand(s). The availability of this option will be specified to you at the time of Checkout along with the other information regarding the product. Please note that SwagUp reserves the right, at its sole discretion, to limit the quantity of products purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same debit/credit card and also to orders that use the same billing and/ or shipping address. We will notify you should such limit be applied.

Shipping and Delivery Policy

Please note that the shipping and delivery of the products will be carried out by the brand whose product has been purchased by you. The timelines for the shipping and delivery of the products shall be mentioned with the other product details at the time of Checkout. You may track the delivery of the purchased product on the website of the brand whose product has been purchased by you.

Please note that SwagUp is not responsible for the shipping and delivery of the purchased products in any manner whatsoever and shall, therefore, not be liable for any loss, damages, action, claim or liability arising out of or in connection with any act, omission or negligence of the brand whose product has been purchased by you.

User Content and Conduct

The Site may include interactive areas or services such as personal profile pages, user-to-user messaging features, rating tools, forums, musical reviews, chat rooms, message boards, and other areas or services in which users can create, send, post, share or store content, data, information, messages, text, music, sound, photos, video, graphics, applications, code or other materials or other items on or through the website ("User Content"). You are solely responsible for your use of such interactive areas and user content and are advised to use them at your own risk. By using the website or the Services, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the website or the Services any of the following:

a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any person, or otherwise violate any local, state, national or international law, rule, or regulation.

c. User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

d. Unsolicited promotions, political campaigning, advertising or solicitations;

e. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;

f. Viruses, corrupted data or other harmful, disruptive or destructive files;

g. User Content that, in the sole judgment of SwagUp, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas of the Site;

h. Classified or sensitive aviation, military or government information of any jurisdiction;

i. User Content that encourages or glorifies any reckless, irresponsible, or illegal activity or behavior;

Content In The Services

You understand that all information (such as files, media, images, text) which you may have access to as part of, or through your use of, the Services is the sole responsibility of the source from which such content originated. All such information is referred to here as the "Content". SwagUp does its best to give proper credit to the source from which the data was indexed. If some content is cached, it is done for the sole purpose of providing users with the best possible service. If you think that any content is objectionable, please inform SwagUp at the earliest. SwagUp respects the intellectual property of others, and we ask our users to do the same. If you believe that your work is used in a way that constitutes a violation or an infringement of your intellectual property rights, please provide SwagUp the following information:

a. A signature (electronic or physical) of the person authorized to act on behalf of the holder of the intellectual property right.

b. A description of the intellectual property that you claim has been infringed.

c. A description of where the material that you claim is infringing is located on the website.

d. Your address, telephone number and email address.

e. A statement by you that you have good faith belief that the disputed use is not authorized by the person holding the intellectual property rights, its agent, or the law.

f. A statement by you, made under penalty of perjury, that all the above information is accurate, and that you are the person holding the intellectual property rights or authorized to act on the behalf of such person holding the intellectual property rights.

You agree that you are solely responsible for (and that SwagUp has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which SwagUp may suffer) by doing so. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.

SwagUp's And Your Proprietary Rights

Unless you have agreed otherwise in writing with SwagUp, nothing in these Terms gives you a right to use any of SwagUp's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by SwagUp, you agree that in using the Services, you will not use any trade mark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Termination of Relationship With SwagUp

SwagUp may, at any time, terminate its legal agreement with you, including termination of your account, if you breach any provision of these Terms, as per the sole discretion of SwagUp. SwagUp holds the right to deny you Services without any express reason. SwagUp may also terminate the relationship with you if SwagUp is legally required to do so (e.g., when provision of Services provided by SwagUp is, or becomes, unlawful); or if the brand(s) / partner(s) with whom SwagUp offered the Services to you has terminated its relationship with SwagUp or ceased to offer the Services to you; or the provision of the Services to you by SwagUp is, in SwagUp's opinion, no longer commercially viable.

Exclusion Of Warranties

You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on an "as is" and "as available" basis. In particular, SwagUp, its subsidiaries, affiliates and its licensors do not represent or warrant to you that:

a. Your use of the Services will meet your requirements,

b. Your use of the Services will be uninterrupted, timely, secure, or free from error,

c. Any information obtained by you as a result of your use of the services will be accurate or reliable, and

d. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.

e. No advice or information, whether oral or written, obtained by you from SwagUp, or through or from the Services shall create any warranty not expressly stated in the terms.

f. SwagUp further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

Limitation Of Liability

SwagUp shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to:

1. any loss of profit (whether incurred directly or indirectly),

2. any loss of goodwill or business reputation,

3. any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

a. Any other loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:any reliance placed by you on the completeness, accuracy or existence of any advertisement, or

b. as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears on the Services;

c. any changes which SwagUp may make to the Services, or

d. for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

e. The deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the services.

f. Failure to provide SwagUp with accurate account information;

g. Your failure to keep your password or account details secure and confidential.

Liability as to Product Quality

SwagUp shall take reasonable measures to ensure the merchantable quality of the products available for sale on its website / mobile application. Further, information regarding the material of the Products will be provided to you along with the other product information. You are hereby advised and you hereby agree to exercise due care and caution with respect to any allergies that you may be suffering from or have suffered from in the past which may be caused on account of a particular product material. SwagUp shall not be liable for any loss, cost, action, damages, claim or liability arising out of or in connection with the use of a product available for sale on the website / mobile application.

Please note that the above mentioned limitations on SwagUp's liability to you shall apply whether or not SwagUp has been advised of or should have been aware of the possibility of any such losses arising.

Some of the Services may be supported by advertising revenue and may display advertisements and promotions of third parties. These advertisements may be targeted to the content of information stored on the website, queries made through the website, or other information. The manner, mode, and extent of advertising by SwagUp on the website are subject to change without specific notice to you. In consideration for SwagUp granting you access to and use of the Services, you agree that SwagUp may place such advertisements on the Services.

Third Party Content and Applications

SwagUp may provide/display any third-party content and links in the site (the "Third Party Content") and may make third party software applications available to the users (the "Third Party Applications"). SwagUp does not monitor or does not have any control over such Third Party links or contents, and is not responsible or liable for, any Third Party Content or Third Party Applications. SwagUp makes no representations or warranties of any kind on such Third Party Content or Third Party Applications, including without limitation, the content, functionality, accuracy, and completeness, fitness for a particular purpose, merchantability, legality or safety thereof. Your use of Third Party content and Third Party applications will be at your own risk.

Privacy

SwagUp collects, stores, processes and uses your information in accordance with SwagUp Privacy Policy. By using the website and/ or by providing your information, you consent to the collection and use of the information you disclose on the website by SwagUp in accordance with the SwagUp Privacy Policy. SwagUp may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of any fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. "SwagUp shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of a cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time."

Governing Law

These Terms and all the rules and policies contained herein and any usage of the website by you and your dealings with SwagUp shall be governed and construed in accordance with the laws of India. If any dispute arises between you and SwagUp during your use of the website or your dealing with the SwagUp in relation to any activity on the website, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party appointed by SwagUp. The Arbitration & Conciliation Act, 1996 shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai.

General Legal Terms

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or media, or purchase goods, which are provided by another person or company. Your use of these other services, software, or goods may be subject to separate terms between you and the company or person concerned. If so, these Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and SwagUp and govern your use of the Services (but excluding any services which SwagUp may provide to you under a separate written agreement), and completely replace any prior agreements between you and SwagUp in relation to the Services. You agree that SwagUp may provide you with notices, including those regarding changes to these Terms, by email or postings on the Services. You agree that if SwagUp does not exercise or enforce any legal right or remedy which is contained in these Terms(or which SwagUp has the benefit of under any applicable law), this will not be taken to be a formal waiver of SwagUp's rights and that those rights or remedies will still be available to SwagUp. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.