Terms and conditions

Terms of Use

Last Modified: 1 November 2019

Welcome to the getphab.com. By using our website, you are agreeing to these Terms of Use (defined below). Please read them carefully. If you have any questions, contact us here:

ACCEPTANCE OF TERMS OF USE

SIMPL Innovative Brands Private Limited ("we" or “us” or “our”) owns and operates the website www.getphab.com. The use of our services is subject to your compliance and acceptance to these Terms of Use (defined below) and any additional terms applicable to certain programs within the website infrastructure which you may elect to participate with. You also agree to our Privacy Statement and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, documents and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use” govern your access to and use of our website, including any product, content, functionality and services offered on or through our website, whether as a guest or a registered user. The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining or extraction tools or any other functionality. IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY GETPHAB SERVICE, PURCHASE ANY PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

These Terms of Use are organized as follows:

  1. About the Site

  2. Ownership of the Site

The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us (SIMPL INNOVATIVE BRANDS PVT LTD. “SIMPL”), our affiliates and other content providers. By using the Site and accepting these Terms of Use: (a) SIMPL grants you a limited, personal, non-transferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by SIMPL; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express permission of SIMPL. 

  1. Territory

The Website or mobile application and the Services and any purchase are directed solely at those who access the Website from the Republic of India. SIMPL makes no representation that goods are available or otherwise suitable for use outside the Republic of India.  If you choose to access the Website and make a purchase from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.

  1. Modification

We reserve the right at all times to discontinue or modify/revise/alter/delete any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Site or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice. If you do not agree to the changes, you may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.

  1. Eligibility

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use getphab.com. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use getphab.com only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.

  1. Use of the Site

As a condition of your use of the Site, you agree that:

  • You are not barred from receiving products or services under applicable law;

  • You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;

  • Your use of the Site will at all times comply with these Terms of Use;

  • You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;

  • You will only make purchases on the Site for your own use or, as a gift for another person;

  • You have the right to provide any and all information you submit to the Site, and all such information is accurate, true, current and complete;

  • You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,

  • To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with the Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

  1. Access to the Site

SIMPL retains the right, at our sole discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

  1. User Account, Password, and Security

The website registration process enables a user to access the services. Certain user information is required to create an account at our website. It is the sole responsibility of the user to maintain the confidentiality of the User Id and password received upon completion of the registration. Users are also responsible for any activity occurred under the account, thus make sure to exit at the end of each session to prevent unauthorized access of your account or breach of security. The Company shall not be responsible for any loss or damage emerged if you fail to obey the terms.

User is responsible for the validity of account information provided during the website registration process. In case of submission of untrue, incomplete or inaccurate information the Company has the end rights to suspend or terminate your account.

  1. Your Account

You may only create and hold one account on the Site for your personal use and must register using a valid credit card. You are responsible for updating and correcting the information you have submitted to create or maintain your account. As part of your account settings, you have the option to (a) save, edit or delete your personal information, including, without limitation, a valid credit card; and (b) opt-out of persistent login. You understand and agree that getphab / SIMPL shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your user id, password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, we may forfeit any pending, current or future account credits, and any other forms of unredeemed value in your account. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site, including, without limitation, requirements for use.

We have the right to disable any user name, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

  1. Your Conduct

All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit or terminate your privileges on the Site and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the Site and constitute violations of these Terms of Use:

Submitting any content to the Site that:

    1. Violates applicable laws (including, without limitation, but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation);

    2. Contains personal information, except when we expressly ask you to provide such information;

    3. Contains viruses or malware;

    4. Offers unauthorized downloads of any copyrighted, confidential or private information;

    5. Has the effect of impersonating others;

    6. Contains messages purporting to speak on behalf of Phab / SIMPL or provides confidential information concerning Phab / SIMPL;

    7. Is purposely inaccurate, commits fraud or falsifies information in connection with your Phab account or to create multiple Phab accounts; or

    8. Is protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights.

Attempting to do or actually doing any of the following:

    1. Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;

    2. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

    3. Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data;

    4. Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or

    5. Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site.

Using any of the following:

  1. Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission;

  2. Any Site content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission;

  3. The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with SIMPL / Phab; or

  4. The Site or any of its resources to solicit consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with SIMPL, including, without limitation, aggregating current or previously offered deals.

Collecting any of the following:

  1. Content from the Site, including, without limitation, in connection with current or previously offered deals/vouchers, subscription and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or

  2. Personal Information (defined in our Privacy Statement), User Content (defined in Section 12 below) or content of any consumers.

Engaging in any of the following:

  1. Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Phab / SIMPL;

  2. Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);

  3. Reselling or repurposing your access to the Site or any purchases made through the Site;

  4. Exceeding or attempting to exceed quantity limits when purchasing the Products, or otherwise using any Phab account to purchase Products for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site;

  5. Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission;

  6. Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;

  7. Aggregating any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;

  8. Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Voucher) without our express written permission;

  9. Hyperlinking to the Site from any other website without our initial and ongoing consent; or

  10. Acting illegally or maliciously against the business interests or reputation of Phab / SIMPL or our services.

  1. Placing Order; Pricing; Shipping & Delivery

Purchase/Placing order

  • That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description 

  • We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate

Pricing

  • All the products listed on getphab.com will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering be the prices charged on the date of the delivery

Shipping and Delivery

  • Packages are generally dispatched within 2 working days after order confirmation. Please ensure that the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects

  • Our packages are shipped via reputed national courier partners with tracking information, the tracking information will be provided to you shortly after shipping and you can track your package via our courier partner site online;

  • A nominal shipping fee of Rs.50 is charged to ensure your package reaches you in-time and in good shape;

  • For orders received post 4:00 pm (1600 hrs), on Sundays or during Holidays – the shipment will be processed and dispatched on the next working day. During busy times, such as holiday periods, there can be minor processing and shipping delays;

  • Our courier partners will be able to deliver your shipment to you on working days between Monday through Saturday: 9 am to 6 pm. Working days exclude public holidays and Sundays. Delivery time may be subject to factors beyond our control including unexpected travel delays from our courier partners and transporters due to weather conditions and strikes, an act of god or any other reason beyond the control of our courier partners and transporters;

  • As soon as your package shipped, we will email you your package tracking information;

  • Our shipping partners ship to most addresses in India. Please confirm your shipping eligibility and that delivery is possible to your address before checkout

  • Orders cannot be shipped to PO boxes or military addresses

  • That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Phab (Simpl Innovative Brands Pvt. Ltd.) for redelivery shall be claimed from you

  1. Payments

  • We accept online payments via Credit & Debit Card, Net-banking and select wallets including PayTM and PayU;

  • When paying online In case of a payment failure, please retry your payment ensuring: Information passed on to payment gateway is accurate i.e. account details, billing address, password (for net banking), etc.  Kindly also check if your Internet connection has been disrupted in the process;

  • If your account has been debited after a payment failure, it is normally rolled back to your account within 7 business days. You can email us on getphab@wearesimpl.com with your order number for any clarification;

  • COD (Cash on Delivery) is provided through our delivery partners in select locations across India. Please check COD availability for your location before checkout;

  • All COD orders must be verified. Orders will not be processed until the verification process via OTP has been completed;

  • COD orders will attract a service fee of ₹ 50 per order;

  • COD orders are not returnable and not refundable

  • There are no hidden charges. You pay only the amount that you see in your order summary at the time of check out

  1. Reviews, Feedback, Submissions

  • All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to getphab.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Phab (Simpl Innovative Brands Pvt. Ltd.). 

  • Such disclosure, submission or offer of any Comments shall constitute an assignment to Phab (Simpl Innovative Brands Pvt. Ltd.). of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Phab (Simpl Innovative Brands Pvt. Ltd.) owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Phab (Simpl Innovative Brands Pvt. Ltd.). will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. 

  • Phab (Simpl Innovative Brands Pvt. Ltd.). is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. 

  • You agree that any Comments submitted by you to getphab.com will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. 

  • You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Phab (Simpl Innovative Brands Pvt. Ltd.). does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to getphab.com. 

  • You grant Phab (Simpl Innovative Brands Pvt. Ltd.). the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. 

  • You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Phab (Simpl Innovative Brands Pvt. Ltd.). and its affiliates for all claims resulting from any Comments you submit. Phab (Simpl Innovative Brands Pvt. Ltd.). and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party

  1. Copyright and Trademarks

The Site contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the entire contents of the Site, feature and functionality are owned by SIMPL, its licensors or other providers of such material. SIMPL owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You shall not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the express permission of SIMPL or the copyright owner is permitted. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

SIMPL owns trademarks, registered and unregistered, and "SIMPL," the SIMPL logos and variations thereof found on the Site are trademarks owned by SIMPL and all use of these marks inures to the benefit of SIMPL.  

There are other marks on the Site not owned by SIMPL may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of SIMPL unless otherwise stated, or maybe the property of their respective owners. You may not use SIMPL's name, logos, trademarks or brands, or trademarks or brands of others on the Site without SIMPL's express permission.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not:

  • Modify copies of any materials from the Website.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

  • You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  1. Infringement of Intellectual Property

SIMPL reserves the right to terminate your or any third-party’s right to use the Site if such use infringes the copyrights of another. SIMPL may, under appropriate circumstances and at its sole discretion, terminate your or any third-party’s right to access to the Site, if SIMPL determines that you or a third-party is a repeat infringer.

  1. User Content

The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a SIMPL account to submit User Content.

If you contribute any User Content, you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights. SIMPL does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbours viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any software or computer equipment.

SIMPL shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by SIMPL, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, SIMPL shall have the right to remove any material from SIMPL controlled sites/Applications, in its sole discretion. SIMPL assumes no liability for any User Content or other information that appears or is removed from the Site or elsewhere. SIMPL has no obligation to use User Content and may not use it at all. In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. SIMPL makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, SIMPL does not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

  1. Public Nature of Your User Content.

  • You understand and agree that User Content is public. Any person (whether or not a user of SIMPL’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. SIMPL is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.

  • Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by SIMPL. Other users may post User Content that is inaccurate, misleading or deceptive. SIMPL does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and do not reflect the opinion of SIMPL. SIMPL does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.

  • License Grants.

Some User Content you submit to SIMPL may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your Personal Information, including, without limitation, but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant SIMPL a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your User Content in accordance with these Terms of Use, including, without limitation, a right to offer for sale and to sell such rights in Personal Information, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sub-licensees, all without compensation to you. However, SIMPL shall have no obligation to use your Personal Information in connection with any User Content. 

As between you and SIMPL, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant SIMPL a royalty-free, perpetual, irrevocable, sub-licensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. SIMPL’s license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.

Contributing User Content or other information on or through the Site is limited to individuals who are over the age of majority in the state or province in which they reside. The Site is designed and intended for adults. By contributing User Content or other content on or through the Communities, you affirm that you are over the age of majority in the state or province in which they reside. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province in which he or she resides.

  1. Indemnity

You agree to defend, indemnify and hold harmless Phab (Simpl Innovative Brands Pvt. Ltd.). its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Phab (Simpl Innovative Brands Pvt. Ltd.). or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement

  1. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER SIMPL  NOR ANY OF, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE SIMPL NOR ANY PERSON ASSOCIATED WITH SIMPL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER SIMPL NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE EXTENT ALLOWED BY APPLICABLE LAW, SIMPL HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

  1. Limitation of Liability

IN NO EVENT SHALL SIMPL, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) OFFERINGS, PRODUCTS AVAILABLE ON THE SITE AND PURCHASED FROM THE SITE; (E) (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. 

  1. Electronic Communications

When you use the Site or send emails to SIMPL, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.

  1. Websites of Others

The Site may contain links to websites maintained by other parties. Phab or SIMPL does not endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such Linked Site or resource.

  1. Force Majeure

SIMPL shall be excused from performance under these Terms of Use to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of SIMPL. 

  1. Governing Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or SIMPL’s services shall be governed by the laws of India and the Courts in Ahmedabad shall have exclusive jurisdiction without regard to its choice of law rules and without regard to conflicts of laws principles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts

  1. DISPUTE RESOLUTION

In the event of any disputes, differences, controversies and questions directly or indirectly arising at any time hereafter between the Parties or out of or in connection with, or in relation to, these terms of Use (or the subject matter of these Terms of Use) including, without limitation, all disputes, differences, controversies and questions relating to the validity, interpretation, construction, performance and enforcement of any provision of these Terms of Use, or as to rights, liabilities or duties of the Parties (hereinafter referred to as a “Dispute”), the same shall be endeavoured to be amicably settled by the Parties. In case of failure to settle the dispute within 30 [thirty] days from the date of reference, the same shall be referred to binding arbitration at the request of any party, in writing, in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modification or alteration thereof for the time being in force. The arbitral tribunal shall comprise of a Sole Arbitrator to be exclusively appointed by SIMPL. The Parties agree that the decision of the Arbitrator in relation to any such Dispute shall be final and binding on the Parties hereto.

Language and Venue: The arbitration proceedings shall be conducted in the English language. The venue/seat of the arbitration shall be in Ahmedabad.

Procedure: The Arbitrator shall make the arbitral award within 9 (Nine) months from the date of entering upon the reference. For the purpose of this Clause, the Arbitrator shall be deemed to have entered upon a reference on the date on which the arbitrator holds the first meeting. Adjournment, if any, shall be granted by the arbitrator only in exceptional cases, for bona fide reasons to be recorded in writing. The costs of arbitration shall be fixed by the Arbitrator and the Arbitrator in the final award shall specify (a) the Party entitled to costs; (b) the Party who shall pay the costs; (c) the amount of such costs; and (d) the manner in which the costs shall be paid. For the purpose of this Clause, ‘costs of arbitration’ shall mean the fees and expenses of the arbitrator, legal fees and expenses, any administrative fees and any other expense incurred in connection with the arbitral proceedings and the arbitral award.

No Party or Person involved in any way in the creation, coordination or operation of the arbitration of any Dispute may disclose the existence, content or results of the Dispute or any arbitration conducted under this Agreement in relation to that Dispute save as required in order to enforce this Clause and / or any arbitral award made pursuant to this Agreement.

 
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