TERMS OF SERVICES
Thank You for visiting the website www.erase.bg (‘Website’)/ the Erasebg mobile application (‘App’). Our services are operated under Shopsense Retail Technologies Pvt. Ltd. (‘Fynd’) located at
On all our services, the terms 'we' 'us', 'service/s' and 'our' refer to Fynd. Fynd offers these services, including all information and tools available from Fynd to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using our services/purchasing something from us, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms of Service', 'Terms'), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of our service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Fynd owns the Website and shall retain all intellectual property rights, and ownership and proprietary rights and shall have the sole right, title and interest in and over the Website. No part of the Website, the designs or the terms and references within shall be copied or transmitted for commercial purposes. Nothing contained in this Agreement shall grant or be deemed to grant, whether directly or by implication, you any right, title or interest in or to the ownership or use of the Trade Marks and Intellectual property. Use of the Website does not transfer any of the intellectual property related to the Services, their design or concepts to you.
Please read these Terms of Service carefully while accessing or using our services. By accessing or using any part of our service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this section. It is your responsibility to check this page periodically for changes. Your continued use of or access to our services following the posting of any changes constitutes acceptance of those changes.
USING OUR SERVICE
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our services.
You are prohibited from using the services or its content: (a) for any unlawful purpose (b) to solicit others to perform or participate in any unlawful acts (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability (f) to submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any service (h) to collect or track the personal information of others (i) to spam, phish, pharm, pretext, spider, crawl, or scrape (j) for any obscene or immoral purpose or (k) to interfere with or circumvent the security features of our service or any related services. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
A breach or violation of any of the terms will result in an immediate termination of our services to you and may also lead to legal proceedings for which Fynd will not be considered liable.
USER ACCOUNT, PASSWORD, AND SECURITY:
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are solely and fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Fynd of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Fynd cannot and shall not be liable for any loss or damage arising from your failure to comply with this.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that ‘Fynd’ name is stated as the source and prior written permission of Fynd has been sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and/or unwarranted modification of data and information within the content of the Website is not permitted.
INTELLECTUAL PROPERTY RIGHTS:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Fynd owns all intellectual property rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that You shall not use, reproduce or distribute any content from the Website belonging to Fynd without obtaining prior written authorization from Fynd.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service. However, with regard to the product customization service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of Your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
USER CONDUCT AND RULES:
You agree and undertake to use the Website and the Services only to post and upload photographs and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/App or another's computer;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force in or outside India; and
- violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein, exploit any of the services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including payment information), may be transferred unencrypted and involve (a) transmissions over various networks (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment related information is always encrypted during transfer over networks.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
At Fynd, we try our best to provide you with the most updated, correct and complete information but we are not responsible if information made available on our services is not accurate, complete or current. Fynd will not be responsible for any kind of loss incurred by you due to reliance on the information provided by our service.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for products/services listed on the Website/App are subject to change without notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to limit the services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of services are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any service at any time. Any offer for any service made on the Website is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate information for all the services availed by You. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
You acknowledge and agree that we provide access to such services 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
We may, in the future, offer new services and/or features. Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on our service may direct you to third-party services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, or for any other materials, products, or services of third-parties.
We are 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 services/ websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions and offers, . We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related service is inaccurate at any time without prior notice including after you have submitted your order.
We undertake no obligation to update, amend or clarify information on our services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service should be taken to indicate that all information on our services has been modified or updated.
USER WARRANTY AND REPRESENTATION:
The User guarantees, warrants, and certifies that the User is the owner of the content which is submitted or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of any individual or entity, including but not limited to a company, firm, partnership etc. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by You in connection with the Services rendered by Fynd.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service provided to you (except as expressly stated by us) is 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or non-infringement.
In no case shall Fynd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Fynd from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Fynd that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Service.
In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Mumbai. The award of such arbitration shall be final and binding upon the Parties hereto.
All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made (i) if delivered by hand or (ii) sent by pre-paid registered post addressed to Fynd.
This Agreement shall be subject to and construed in accordance with the laws of India and the Parties hereby submit to the exclusive jurisdiction of the courts of Mumbai.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.