The following terms and conditions govern all use of the website located at www.StyleSend.io (“Website”) and our “StyleSend” Digital Platform and Mobile Applications (“StyleSend Software”) including all of the materials, documents, text, images, graphics, animation, videos and other information and content included in or available at the Website or in the StyleSend Software (Content). The Website, StyleSend Software, Content and any services provided at the Website are collectively referred to as the “Service”.
The Website is operated and owned by Seenit Online Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 48A Park Street, 3rd Floor, Kolkata, West Bengal 700016. For the purpose of these Terms of Service and Agreements, wherever the context so requires, “you” or “User” or “Customer” shall mean any natural or legal person, or an entity they represent, who has agreed to become a user on the Website or StyleSend Software by registering on the Website as a registered user using any computer systems or downloading and using the StyleSend Software. The terms “StyleSend”, “we”, “us” or “our” shall mean Seenit Online Private Limited.
IF YOU OBJECT TO ANYTHING IN THIS TERMS OF SERVICE , DO NOT USE THE WEBSITE OR THE SERVICE. THESE TERMS ARE SUBJECT TO CHANGE BY STYLESEND AT ANY TIME, EFFECTIVE UPON POSTING ON THE WEBSITE, AND YOUR USE OF THE SERVICE AFTER SUCH POSTING WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES. THESE TERMS OF SERVICE GOVERN THE RELATIONSHIP BETWEEN YOU AND STYLESEND.
StyleSend may make all or any part of the Service available only to registered Users (such as, for example, to apply for, subscribe or gain access to various services or employment opportunities). You may elect to register or not, at your discretion. The registration process may require you to provide your name, company name, address, telephone number, email address and certain additional personal data or other information.
You must provide us with accurate information, when you create your account on StyleSend. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. StyleSend will not be liable for any loss or damage arising from your failure to comply with this instruction.
By registering on StyleSend, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
Access And Use Of StyleSend Services
Subject to these Terms, StyleSend may offer to provide the Services as described herein. Services shall include, but not be limited to, any services StyleSend performs for you, including but not limited to the StyleSend Software, as well as the offering of any Content (as defined below). We may, with prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service, including the availability of any feature, database, or Content. StyleSend may also impose limits on certain features and services or restrict your access to parts or all of the Services. By providing StyleSend your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
User Representations And Undertakings
You represent and warrant at all times throughout your use of the Website and/or Services that: (i) you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents you from fulfilling your obligations under these Terms; (ii) you are and will continue to be in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to your use of the Site and/or the Services; (iii) your use of the Site and/or Services has not been previously blocked, suspended or terminated; (iv) you do not authorize a third party to do any of the foregoing; and (v) you will not infringe or violate any of these Terms.
Payment of Fees
A customer must at all times maintain a currently effective credit or debit card with StyleSend to enable StyleSend to charge and receive payment for Customer’s use of the Services. Customer will pay StyleSend the applicable fees as set forth in the payment plan Customer selects at https://www.stylesend.io/pricing in connection with this Agreement or if the Customer was enrolled in a payment plan with StyleSend prior to the agreeing to this Agreement, then the terms of such payment plan that are specified in the Billing Information Page within your account for such payment plan (the “Fees”). If Customer use of the Services exceeds the maximum number of messages set forth in the Billing Information Page or if Customer’s Account Balance reaches below the limits specified in the Schedule for the payment plan selected by Customer, or for any reason, Customer fails to timely pay the Fees, then StyleSend will charge such credit or debit card at the level set specified in the Schedule for such payment plan, StyleSend shall first apply such credits to the extent available before applying any credit or debit card charge; in any event, StyleSend will report to Customer the amount charged. To the extent applicable, Customer will pay StyleSend for additional services, such as integration fees or other consulting fees. If not otherwise specified, StyleSend will charge Customer’s credit card for such payments at the time such additional services are rendered. Fees payable to StyleSend are stated on the StyleSend pricing page https://www.stylesend.io/pricing . StyleSend will electronically invoice Customer for the Services on a monthly basis. All fixed payments like Platform Fees or any other committed fees are due and payable on the date of invoice via automated recurring transactions via Netbanking, Credit Card or Debit Card. All variable fees like Message Fees and Monthly Unique Customer Fees are to be prepaid via prepaid credits. StyleSend reserves the right to suspend or terminate any Services if any Fees are unpaid.
Customer may only dispute amounts payable as follows:
(i) Customer must provide to StyleSend a written notice of the disputed portion of fees invoiced by StyleSend or self-invoiced by Customer within thirty (30) working days from the date of invoice;
(ii) StyleSend will provide Customer with an itemized transaction log report of all relevant Transactions;
(iii) Within three (3) working days from the issuance of such report Customer must demonstrate with respect to every Transaction that it has not been performed and StyleSend will correct the relevant invoiced amount and
(iv) StyleSend will re-submit the corrected invoice for payment by Customer, taking into consideration the Invoice Correction
Operator records made available to StyleSend will be conclusive as to the calculation of fees relevant to Transactions.
Customer will pay all applicable transaction-based taxes, including GST, VAT or any other other applicable duties or taxes related to the purchase of the Services. Customer will be responsible for self assessment and remittance of all transaction-based taxes unless otherwise invoiced by StyleSend. All prices are exclusive of tax. If required to do so StyleSend, will charge applicable taxes per rules of the State, where registered. All rights of Customer are made expressly conditional upon timely payment of invoices.
If Customer’s payment obligations exceed the credit limit on Customer’s credit card or for any reason, a credit card charge is rejected, Customer shall either promptly provide StyleSend with an additional credit card to pay such amount or otherwise pay StyleSend within two business days of the event. In any event, Customer shall be liable for any finance charges levied by the payment networks processing Customer’s payment, plus and additional charge equal to two percent (2.0%) per month on the outstanding amount, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys’ fees. Fees under this Agreement and Terms of Service are exclusive of all taxes, including national, state or provincial and local use, sales, value-added, property and similar taxes, if any. Customer agrees to pay such taxes unless Customer has provided StyleSend with a valid exemption certificate. In the case of any withholding requirements, Customer will pay any required withholding by itself and will not reduce the amount paid to StyleSend on account thereof.
Customer Orders and Payments
The Services may allow you to collect orders from users for the products or services sold by you and StyleSend will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products or services. StyleSend reserves the right to delist any product or service.
All commercial/contractual terms are offered by and agreed to between you and whoever you sell to, 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, etc. StyleSend 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 you and whoever you sell to. All discounts and offers are by you and not by StyleSend. You acknowledge and agree that StyleSend may act as the payment agent for the limited purpose of accepting payments, on behalf of you. Upon payment of the amounts to StyleSend, which are due to you, the payment obligation to you for such amounts is completed, and StyleSend will remit such amounts minus any commissions in accordance with the Services plan, to you. You understand, accept and agree that the payment facility provided by StyleSend is neither a banking nor financial service but is merely a facilitator providing a third party payment processor for the transactions through our Services.
Further, by providing payment facility, StyleSend is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price. StyleSend will not be liable for any charges made by the buyers’ bank in relation to payment of the total amount.
StyleSend merely collects and routes the payment on behalf of you. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by you. StyleSend holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable for the products and services sold by you, shall be you.
You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statue in the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase, and sale of products or Services. You shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use and avail the Services, and StyleSend shall not, under any circumstances whatsoever, be responsible or liable for such costs.
Rules And Conduct
You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) post any Content (as defined below) or use the Service in violation of any applicable law (including intellectual property laws, right of privacy or publicity laws, and any laws in India or outside India. jurisdiction applicable to you), or any contractual or other legal obligation; (iii) post Content that is hateful, abusive, threatening, profane, or otherwise objectionable; (iv) post Content or use the Service to create an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (v) publish or post other people’s private or personally identifiable information without their express authorization and permission; (vi) use the Service for the purpose of spamming anyone; (vii) publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy; (viii) access or tamper with non-public areas of the Service, StyleSend computer systems, or the technical delivery systems of StyleSend providers; (ix) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (x) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by StyleSend (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with StyleSend (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of StyleSend except as permitted by these Terms is expressly prohibited); (xi) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (xii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. StyleSend may investigate and/or suspend your account if you violate any of the above policies. StyleSend reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Terms.
Informational Purposes Only
All Content is provided for informational purposes only, and any other use of the Content (or other aspect of the Service) is expressly prohibited. StyleSend cannot monitor or control how you may interpret the Content or your resulting actions, and you hereby release StyleSend from all liability related to your having acquired or not acquired Content through the Service. StyleSend has no obligation to monitor the Service or any use thereof.
All rights, title, and interest in and to the Service (excluding Content provided by Users) are and will remain the exclusive property of StyleSend and its licensors. Nothing in these Terms gives you a right to use the StyleSend name or any of the StyleSend trademarks, logos, domain names, and other distinctive brand features.
StyleSend may provide you with access to third-party tools over which StyleSend neither monitors nor has any control nor input. You acknowledge and agree that access to such tools is in an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. StyleSend shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the Application is entirely at your own risk and discretion and it is your responsibility to ensure that you are familiar with and approve of the terms and conditions on which tools are provided by the relevant third-party provider(s). StyleSend may also, in the future, offer new features through the Application (including, the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
Third Party Links
Certain content or products available via the Application may include materials from third-parties. Third-party links on the Application may direct you to third-party websites that are not affiliated with StyleSend. StyleSend is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. StyleSend is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
StyleSend is either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, on the Application, and on the material published on it. You must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the materials on the Application for commercial purposes without obtaining a license to do so from StyleSend.
THE WEBSITE, CONTENT AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, 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. NEITHER STYLESEND NOR ITS AFFILIATES REPRESENT OR WARRANT THAT: (A) THE SERVICE WILL BE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS VOLUNTARY AND SOLELY AT YOUR OWN RISK.
Limitation Of Liability
IN NO EVENT SHALL STYLESEND OR ITS AFFILIATES BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INVESTMENT LOSSES OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL), OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF US$100, EVEN IF STYLESEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
You agree to defend, indemnify and hold harmless StyleSend, its parent corporation, officers, directors, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the Website;
(ii) your violation of any term of these Terms of Service;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
StyleSend reserves the right, at its sole discretion, to modify or replace any of the Terms of Service (including any Policy) at any time. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes. The Terms of Services (as it applies to you) may not otherwise be amended except by written instrument executed by you and StyleSend.
Governing Law And Jurisdiction
These Terms of Services are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Website and/or Services and/or Agreement, shall be subject to the jurisdiction of the courts at Kolkata, India.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by Customer except with StyleSend’s prior written consent. StyleSend may transfer and assign any of its rights and obligations under this Agreement with or without written notice to Customer. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind StyleSend in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; and upon receipt, if sent by certified or registered mail (return receipt requested), postage prepaid. StyleSend will not be liable for any loss resulting from a cause over which it does not have direct control. StyleSend is permitted to disclose that a Customer is one of its customers to any third party at its sole discretion. Customer agrees that StyleSend may use the Customer’s logos or name on StyleSend’s website and disclose relevant information as necessary in press announcements, case studies, trade shows, or other forms.
If you have questions about these Terms, please contact us on firstname.lastname@example.org
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