Acceptance Of Terms Through Use
By using www.ruse.in (hereinafter referred to as “Site”) or by clicking “I Agree” to this Online Agreement (defined below in the Schedule 1) the User (defined below in the Schedule 1) signifies his/her acceptance to these terms and conditions. The User (is required to read and accept all of the terms and conditions laid down in this Online Agreement before using the Site or before clicking “I Agree”. These terms and conditions of this Online Agreement are effective upon clicking “I Agree” and govern the relationship between the User and M/s The Mad Hat Apparel Co., a duly registered sole proprietorship having its registered office at F-57, Second Floor, Sector – 8, Noida, U.P. – 201301 which owns, manages and operates the Site (hereinafter referred to as the “Firm”). If the terms and conditions of this Online Agreement conflicts with any other document, the terms and conditions of this Online Agreement shall prevail for the purposes of usage of the Site.
The Site is an online market-place wherein the Firm provides a range of internet-based services, which, amongst other things include providing a platform to the Designers to sell their Design (defined below in Schedule I) as part of a physical products including but not limited to apparels such as t-shirts, sweat shirts, accessories such as footwear, tote bags and home décor items like wall hangings, cushions etc. to the Buyers. The Buyers will also have access to various other fashion and lifestyle brands on the Site. The Firm has its own manufacturing unit inF-57, Second Floor, Sector – 8, Noida, U.P. – 201301 and entertains enquiry from prospective Buyers interested in placing Bulk Orders and Customized Orders on clothing, designer-wear, printing Design and other artwork on t-shirts, footwear, wall hangings, cushions and other apparel, accessories and home décor items. All Design of the Designers will be demonstrated/ affixed on apparel, accessories and home décor items that the Firm will either manufacture or procure from third party vendors. (The products offered on the Site referred to herein shall be collectively referred to as “Products”).
Eligibility Criteria To Use The Site
Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. All Users registering as a member on the Site for selling or purchasing any Product shall not be a minor i.e. under the age of 18 years. In the event a minor wishes to purchase or sell a Product such purchase or sale may be made by the legal guardian or parents of such minor who have registered as Users of the Site. The Firm reserves the right to terminate the membership of a registered User and refuse to provide access to the Site if it is brought to the Firm’s notice or if it is discovered that such User is under the age of 18 years.
License To Use This Site
- Upon User’s acceptance of this Online Agreement (in accordance with Clause 1 herein above) the Firm hereby grants the former a non-exclusive, non-transferable limited license to use the Site in accordance with the terms and conditions of this Online Agreement and in accordance with any other instructions available on the Site;
- The User agrees not to make any false or fraudulent statements in use of or to gain access to this Site;
- This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party, caching, unauthorized hypertext links to the Site and the framing of any content available through the Site or uploading, posting, or transmitting any content that the User does not have a right to make available (such as the intellectual property of another party);
- This license does not include uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- This license does not include any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the infrastructure of the Site; or
- This license does not include any use of data mining, robots, or similar data gathering and extraction tools;
- The User assures not bypass any measures used by the Firm to prevent or restrict access to the Site.
The User will be required to fill up a registration form and provide personal details including but not limited to their registered mobile number, email address, postal address etc. thereafter, the User shall create an account on Site and for the same shall be provided with a Username and Password by the Firm to gain access to the Site. The User agrees to keep the password(s) and any other information that may reasonably be used to gain access to the confidential and not to share the password(s) with any third party and to notify the Firm immediately upon discovery of loss or access to such information by any third party. All information provided by the User to the Firm shall be genuine.
Selling on Site
All Designers interested in offering their Design for sale as part of the sale of a physical product on Site (as mentioned in Clause 2 herein above) can communicate with the Firm over email and will be required to share their profile with the Firm. The Firm will scrutinize the profile of such Designer and shall at its sole discretion decide whether or not such Designer can be listed on the Site. The Firm will communicate its acceptance of listing such Designer on Site via email and thereafter the Designer will be further required to sign a written contract with the Firm which will be sent to the email address of such Designer (hereinafter referred to as “Collaboration Agreement”). The Designer will be required to download the Collaboration Agreement and is expected to read it before filling it and signing it. The Designer will be required to courier a physical copy of the signed Collaboration Agreement along with the payment receipt of the joining fess (as mentioned in the Collaboration Agreement) at the Registered Office of the Firm within 7 (Seven) Days of receiving the Collaboration Agreement on the registered email address. The Firm shall pay a royalty fee on sales to such listed Designer on the Site in terms of the Collaboration Agreement.
INTELLECTUAL PROPERTY RIGHTS
- All Designers must be the sole creator of the Design they offer for sale as part of the sale of a physical product on Site and the ownership of all Intellectual Property Rights relating to such Design must be solely vested in the Designer and such Designers must ensure that the use of such Design does not infringe upon the Intellectual Property Rights, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties;
- The Designer shall retain his sole right over all Design shared with the Firm and the Firm shall have a worldwide, exclusive right to use, reproduce, display, distribute, demonstrate, print, sell such Designs of the Designer in the manner it deems fit;
- The Firm will have the free right to use the images of any of the Design or the images of the Products on which the Design is demonstrated/ affixed for the following purposes:
- Creating product shots and ads to promote the sale of the Products on which the Design is demonstrated/ affixed;
- For social media campaigns etc; and
- For promoting the Site.
By registering as a User on this Site that the former acknowledges not to post or otherwise transmit information or images to or through this Site that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, obscene, sexually explicit or graphic, or otherwise in violation of the Site's rules or policies or the Applicable Laws;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
Bulk Orders & Customized Orders
- The Firm entertains Bulk Orders on the Products. The Firm also offers single-piece customization and bulk enquiries for manufacturing apparel, accessories and home décor items to suit the exclusive taste of the User. The User can either customize their apparel or get any art work, design or phrase printed on apparels such as t-shirts, accessories and/ or on home décor items in the exact way the User wants by providing the specifications of the same to the Firm. This service has been provided to cater to the growing trend of customizing apparel such as t-shirts, sweat shirts for a big family get-together, a college event, a team outbound, a band performance or even a promotional giveaway. All enquiries on Bulk Order and Customized Orders will be catered to separately on e-mail and the pricing for the same will be mutually agreed between the Firm and the Buyers. In case of Bulk Orders and Customized Orders the Firm shall create a physical/ virtual sample at the cost of the Buyer and for an amount that the Firm will deem fit and only upon confirmation of the same the Firm will process such Customized Order or Bulk Order.
Pricing and Payment Mode
- Users purchasing Products on the Site shall pay the prices mentioned on the Site and can opt for making payments in any one of the following modes:
- Cash on Delivery;
- Credit/ Debit Card Payment;
- Net Banking;
- Payments through Wallets.
- Users placing Customized Orders or Bulk Orders shall pay prices as may be mutually agreed between the Buyer and the Firm. Such Buyers will be required to make an upfront payment of 100% of the order value and will be provided with a link for making payment wherein they can opt for making payment in any one of the following modes:
- Credit/ Debit Card Payment;
- Net Banking;
- Payment through Wallets.
- The Firm shall entertain no returns from Buyers in case of Customized Products unless there is a Major Quality Issue. No returns by Buyers shall be entertained at all in case of Bulk Orders.
Credit/ Debit Card Details
The User agrees, understands and confirms that the credit/ debit card details provided by him/ her for availing of services on the Site will be correct and accurate and the User shall not use the credit/ debit card which is not lawfully owned him/ her, i.e. in a credit/ debit card transaction, the User must use his/ her own credit/ debit card. The User further agrees and undertakes to provide the correct and valid credit/ debit card details to the Firm. Further the Firm assures the Users that any information relating to their credit/ debit card will not be utilized and shared by the Firm with any third party unless required under Applicable Laws. The Firm shall not be liable for any credit/ debit card fraud. The liability of a credit/ debit card fraudulently used will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
Confirmation Of Order
Upon every request for buying a Product or placing a Customized Order and/ or a Bulk Order the Firm will generate a confirmation code and send out a confirmation email to the User on the registered email address. Only upon the confirmation email being sent out by the Firm to the User such order will be processed.
- A request for cancellation of an order for purchasing a Product shall be valid and accepted only if they are made within 24 (twenty four) hours of placing the order on the Site. The Firm reserves the sole right to decide whether or not to process a request for cancellation of an order placed on Site for purchasing a Product after the expiry of 24 (twenty hours) from placing such order;
- No cancellation requests will be entertained for Customized Orders and/ or Bulk Orders after the expiry of 24 (twenty four) hours of placing such Customized Order and/ or Bulk Order;
- The User agrees not to dispute any decision taken by the Firm regarding the cancellation of an order and agrees to accept all such decisions.
- In the event the Firm is unable to deliver the confirmed order as mentioned hereinabove and the payment for such order has been made by the User through their credit/debit card, the Firm shall duly inform the User via email about cancellation of such order and the amount paid by the User while placing the order on the Site will be reversed back to the same credit/ debit card account of the User which was used to make such purchase within 15 (Fifteen) Days from the date on which such money was debited from such debit/ credit card account of such User. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery option;
- In the event no order is confirmed via a confirmation mail and the money is debited from debit/ credit card of the User, the amount paid by the User while placing the order on the Site will be reversed back to the same credit/ debit card account within 15 (Fifteen) Days from the date on which the money was debited from such debit/ credit card account of such User.
- No requests for refund will be entertained by the Firm for confirmed Customized Orders and/ or Bulk Orders.
- The User agrees not to dispute any decision taken by the Firm regarding refund and agrees to accept all such decisions.
Right Of The Firm
The Firm shall have the following rights, at its sole discretion:
- To reject any User from selling their products, designs on Site without giving any reason for the same;
- To reject any Designer after scrutinizing the profile of such Designer and to take all decisions with respect to whether a Designer can be listed on the Site or not, without giving reasons for the same;
- To terminate a Designer already listed on the Site by serving a 48 (forty eight) hours prior notice and without giving reasons for the same;
- To remove any content that in its sole judgment does not comply with this Online Agreement or is otherwise harmful, objectionable, or inaccurate;
- To terminate a User's use of the Site at any time by serving a 48 (forty eight) hour prior notice to such User and without the formality of assigning any reasons for the same;
- To terminate a User's use of the Site at any time without any prior notice to such user without giving any reason for the same.
- To terminate a User's use of the Site at any time without any prior notice to such User in the event the latter is found to be committing a breach of any provision of this Online Agreement or the Collaboration Agreement;
- To revise to modify the terms and conditions of this Online Agreement at its discretion without the necessity of providing reasons for the same.
The User shall indemnify and hold harmless the Firm, its owner, licensee, affiliates and their respective officers, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of the User’s breach of this Online Agreement or any clause hereto or the User’s violation of any Applicable Laws or the rights (including infringement of Intellectual Property Rights) of a third party.
Neither the User nor the Firm shall be responsible for delay or default in the performance of its obligations due to contingencies beyond its control, such as fire, flood, civil commotion, earthquake, war, strikes or government action or change in Applicable Laws. If the User or the Firm is prevented by such event from performing its obligations under this Online Agreement, the User or the Firm, as the case may be, shall promptly notify the other party to that effect.
The term of this Online Agreement as well as the Collaboration Agreement shall be valid and binding on the User unless it is terminated in accordance with Clause 19 hereof by either Party and so long as the User continues to use the Site and so long User remains a registered member of the Site as mentioned in Clause 5 herein above.
- The User’s use of this Site may be suspended or terminated upon occurrence of any of the following:
- If the Firm believes, in its sole and absolute discretion that the User has infringed, breached, violated, abused, or unethically manipulated or exploited any term of this Online Agreement or the Collaboration Agreement or anyway otherwise acted unethically;
- If the Firm believes that the Designer has infringed upon the Intellectual Property Rights of any third party.
- If the Designer refuses to accept any amendment of this Online Agreement or the Collaboration Agreement on any revision of the Royalty Fee in terms of the Collaboration Agreement;
- Immediately upon receipt of any notice which alleges that a User has committed actions on the Site which violate any Applicable Laws, inter-alia the posting of information or selling products that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc.
- In the event of any unauthorized use of this Site by a User.
- A User who is a Designer will have a right to terminate his/ her use of the Site by providing a written intimation to the Firm
- A User who is a Buyer will have a right to terminate his/ her use of the Site by deleting his membership account as mentioned in Clause 5 herein above;
- In the event the User is terminated as a member of the Site in terms of this Clause 19 the User’s transactions details may be preserved by the Firm for purposes of tax or regulatory compliance.
- The User shall be liable to pay for any service or Product that the User has already ordered till the time of termination by either party whatsoever.
- If the Firm unilaterally terminates the User’s account without assigning any reasons then applicable cash back or Wallet amount (if any) shall be refunded by the Firm to the User.
The User accepts and acknowledges receipt of this Online Agreement by performing any of the following:
- clicking the “I Agree” button and thereby accepting the terms and conditions to this Online Agreement
- giving us a written or electronic signature,
- executing the Collaboration Agreement. If any person does not want to accept this Online Agreement, the Firm requests such person not to click on the “I Agree” button.
For any queries please contact the Firm at the helpline through email: firstname.lastname@example.org or call the Firm on the customer/ user support number i.e., +91 120 4299276.
Modification/ Amendment Of This Online Agreement
The Firm may amend this Online Agreement and/or any clause hereof at any time by posting a revised version on the Site. All updates and amendments shall be notified to the Users via posts on website or through e-mail. The revised version will be effective at the time the Firm posts it on the Site or send an email to the User and the User impliedly agrees to be bound by such revised terms and conditions of this Online Agreement.
The User agrees to regularly check for any amendments or updates to the terms and conditions contained in this Online Agreement.
- Dispute Resolution
Any dispute arising out of this Online Agreement or the Collaboration Agreement, shall be aimed at being mutually resolved by the User and the Firm within 15 (Fifteen) Days from the date the dispute was first presented in writing by the aggrieved party to the other party. However, if no settlement is arrived at within 15 (Fifteen) Days then the dispute shall be referred to a Sole Arbitrator mutually agreed and appointed by the Firm and the User.
- Governing Law
This Online Agreement shall be governed by the provisions of Indian law and courts in Delhi shall have the sole and exclusive jurisdiction in relation to any claim, dispute or matter arising out of or relating to this Online Agreement.
Schedule - I
In this Online Agreement the following words and expressions shall have the following meaning unless the context otherwise requires:
“Applicable Laws” shall mean any law, statute, rule, regulation, ordinance, direction, guideline, judgment, award, decree, writ or other binding action or condition imposed by any government department/agency or instrumentality of any governmental authority, or any court or arbitral tribunal or any self-regulatory body in India which is applicable to a Party or to which its business or assets may be subject;
“Bulk Order” shall mean an order placed by a Buyer for a minimum number of 20 units of the same product;
“Buyer” shall mean anyone making purchases on the Site or anyone placing a Bulk Order or a Customised Order on the Site;
“Collaboration Agreement” shall mean an agreement executed between a Designer and the Firm, as specified in Clause 6 herein above;
“Customised Order” shall mean an order placed by a Buyer for the creation of which a Buyer provides the specifications to the Firm and such customised order can be of a single product or can be a Bulk Order;
“Days” shall mean any day other than a Sunday or any day on which banks in India remain closed;
“Design” shall mean the art-work, graphic design, drawings, pictures, photographs and/ or any other content which shall be created solely by the Designer and all Intellectual Property Rights in such art-work, graphic design, drawings, pictures, photographs and/ or any other content shall belong to the Designer;
“Designer” shall mean any creator and owner of the Design who shall offer his Design for sale as part of the sale of a physical product;
“Intellectual Property Rights” means all patents, trademarks, service marks, logos, diagrams, get-up, trade names, internet domain names, rights in designs, drawings, graphic designs, photographs, pictures copyright (including rights in computer software) and moral rights, database rights, flow charts, semi-conductor topography rights, utility models, manuals, codes, rights in technical and process know-how, website address used or for use in the Business and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world which are held or beneficially owned by, the Firm;
“Major Quality Issue” shall mean any manufacturing defects in printing quality or in case the material of the Product is of inferior quality, damaged or torn or any other internationally acknowledged manufacturing defect in such Product.
“Online Agreement” shall mean this agreement, together with the recitals , schedules appended hereto and any amendments thereto;
“Products” shall have the meaning ascribed to in Clause 2 herein above;
“Registered Office” shall mean the office of the Firm situated at F-57, Second Floor, Sector – 8, Noida, U.P. – 201301;
“User” shall mean a Designers and/ or a Buyer as the case may be who has duly registered as a member on the Site in terms of Clause 5 herein above.
“Wallets” shall mean digital/ electronic wallets used to store money by users to make purchases online and shall include Paytm, Bhim, MobiKwik, Airtel Money, Freecharge, ICICI Pockets, Jio Money.