Terms of Use

TERMS OF USE

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION
TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS WEBSITE.

The domain name ePOPxo.com (hereinafter referred to as the “Website”) is operated by Popskope International Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at N-240, 3rd Floor, Greater Kailash Part-I, New Delhi-110048, India ("ePOPxo"). ePOPxo reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use (the “Terms”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates or changes. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, ePOPxo grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website. The Website is a portal of ePOPxo for selling products including but not limited to ePOPxo’s self-curated beauty products, fashion accessories and gift vouchers.


1. Consent
Accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions under these Terms. You are advised to read these Terms carefully before proceeding. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by all ePOPxo’s policies, including but not limited to its Privacy Policy as amended from time to time.

2. Membership Eligibility
Use of the Website is available only to persons who can enter into legally binding contracts
under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the
meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and
persons of unsound mind are not eligible to use the Website. Any person under the age of 18 shall not register on the Website and shall not transact on or use the Website. If a minor wishes to use or transact on the Website, such use or transaction may be made by the minor’s legal guardian or parents on the Website. ePOPxo reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to ePOPxo’s notice or if it is discovered that such person is not eligible to use the Website.

3. Account and Registration Obligations

3.1. The Website allows only limited and restricted access to the services for unregistered
users.

3.2. When you register on the Website, you are required to create an account (“Account”) by entering your name, email address, phone number, password and certain other
information collected by ePOPxo (collectively “Account Information”). You may also
create an Account by logging-into the Website through your Facebook account.

3.3. You agree that the Account Information that you provide to us at all times, including
during registration will be true, accurate, up-to-date, and complete. You agree that if you
provide any information that is untrue, inaccurate, not up-to-date or incomplete or
becomes untrue, inaccurate, not up-to-date or incomplete or if ePOPxo has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date,
incomplete, or not in accordance with these Terms, ePOPxo shall have the right to
indefinitely suspend or terminate or block access to your Account on the Website and
refuse to provide you access to the Website.

3.4. You shall not transfer or share your Account password with anyone, or create more than one Account. You are responsible for maintaining the confidentiality of your Account
password and for all activities that occur under your Account.

3.5. ePOPxo reserves the right to take any and all action, as it deems necessary or
reasonable, regarding the security of the Website and your Account Information.

3.6. In no event and under no circumstances shall ePOPxo be held liable to you for any
liabilities or damages resulting from or arising out of your use of the Website, your use of
the Account Information or your release of the Account Information to a third party.

3.7. You shall not use anyone else’s account at any time.

3.8. You understand that once you register as a user on the Website, you may receive SMS messages and phone calls from ePOPxo on your registered mobile number and you may receive e-mails on your registered e-mail address. These messages, e-mails and calls could relate to your registration, transactions that you carry out through the Website and promotions that are undertaken by ePOPxo.

3.9. You agree to, (i) immediately notify ePOPxo of any unauthorised use of your Account
Information or any other breach of security; and (ii) ensure that you exit from the Account
at the end of each session. ePOPxo cannot and will not be liable for any loss or damage
arising from your failure to comply with this Clause. You may be held liable for losses
incurred by ePOPxo or any user or visitor of the Website due to authorised or
unauthorised use of your Account, as a result of your failure in keeping your Account
Information confidential.

4. Use of the Website
You agree, undertake and covenant that, during the use of the Website, you shall not host,
display, upload, modify, publish, transmit, update or share any information that:

4.1. belongs to another person or entity and to which you do not have any right.

4.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically
objectionable, or encouraging money laundering or gambling, or otherwise unlawful in
any manner whatsoever.

4.3. is misleading in any way.

4.4. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or
"spamming".

4.5. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity.

4.6. provides instructional information about illegal activities such as violating someone's
privacy, or providing or creating computer viruses.

4.7. tries to gain unauthorized access or exceeds the scope of authorized access to the
Website or to profiles, blogs, communities, account information, bulletins, or other areas
of the Website or solicits passwords or personally identifying information for commercial
or unlawful purposes from other users of the Website.

4.8. engages in commercial activities without ePOPxo’s prior written consent such as
engages in contests, sweepstakes, barter, advertising etc.

4.9. interferes with another user’s use of the Website.

4.10. refers to any website or URL that, in ePOPxo’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be
prohibited or violates the letter or spirit of these Terms.

4.11. deceives or misleads the addressee/ users about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature.

4.12. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any
trojan horses, worms or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, covertly intercept or steal any system, data
or personal information.

5. Your Reviews

5.1. The Website may allow you to post certain content, data or information of your own, such as allowing you to rate products, seller, post your comments, and reviews in relation to products on specific pages of the Website, as well as submit any suggestions,
comments, questions or other information to ePOPxo using the Website (collectively
referred to "User Content").

5.2. You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the Website. You
represent that you have obtained all relevant consents and approvals in order to post any
User Content. You further represent that all such User Content will be in accordance with
applicable law. You acknowledge that ePOPxo does not endorse any User Content on
the Website and is not responsible or liable for any User Content. ePOPxo reserves the
right to disable access to the User Content on the Website.

5.3. You hereby grant ePOPxo a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the
User Content. You represent and warrant that you own or otherwise control all of the
rights to the User Content that You post or that You otherwise provide on or through the
Website; and that, as at the date that the User Content is posted or submitted on the
Website: (i) the User Content is accurate; (ii) use of the User Content you supply does
not breach these Terms; and (iii) that such User Content is lawful.

5.4. You further represent and warrant that while posting any User Content on the Website
you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically
objectionable language. Further, you shall not post any content on the Website that is
obscene, pornographic, constitutes an “indecent representation of women” as provided in
The Indecent Representation of Women (Prohibition) Act, 1986.

6. Payment Facility

6.1. The Website permits payment via various modes including cash on delivery (COD),
virtual payment wallets and online payments through debit/credit cards and internet
banking.

6.2. While availing any of the payment method/s available on the Website, ePOPxo will not
be responsible for or assume any liability, whatsoever in respect of any loss or damage
arising directly or indirectly to you due to:

6.2.1. Lack of authorization for any transaction(s), or

6.2.2. Exceeding the preset limit mutually agreed by you and between bank/s, or

6.2.3. Any payment issues arising out of the transaction, or

6.2.4. Rejection of transaction for any other reason(s) whatsoever.

6.3. All payments made against the purchases on Website by you shall be compulsorily in
Indian Rupees. ePOPxo will not facilitate transaction with respect to any other form of
currency with respect to the purchases made on the Website.

6.4. At the time of delivering your order, we may request you to provide supporting
documents (including but not limited to identification and address proof issued by the
Government of India). This is done in the interest of providing you with a safe online
shopping environment.

6.5. You acknowledge that ePOPxo will not be liable for any damages, interests or claims,
losses resulting from or suffered on account of not processing a transaction/ transaction
amount or any delay in processing a transaction/ transaction amount which is beyond
control of ePOPxo.

7. Return Policy

7.1. ePOPxo shall not accept any returns of its products as the products are cosmetic in
nature, however, following are the only circumstances where ePOPxo shall accept
returns/refunds:

7.1.1. Faulty/defective product;

7.1.2. Physically damaged product;

7.1.3. Where the product is different from description on the Website;

7.1.4. Wrong size, wrong colour, or wrong quantity received.
It being clarified that in case of products which are sourced by ePOPxo from international
sellers, i.e. through imports and orders which are customised as per your requirement,
shall not be accepted for return by ePOPxo under any circumstances.

7.2. You must notify ePOPxo by writing an email at service@epopxo.com within 2 (two)
working days from the date of delivery for being eligible for the return. In the event that
no such written notification is received by ePOPxo within the time period mentioned
above, ePOPxo shall not be required to accept the return of the product.

7.3. Upon receipt of a return request from you within the period mentioned in Clause 7.2
above, ePOPxo shall collect the product from you through its logistics partner at its cost
and inspect the product as provided in Clause 7.4 below.

7.4. Upon receiving the product sought to be replaced by you, ePOPxo shall be entitled to
inspect whether there is in fact any defect or damage in the product entitling you to return
the product or ask for a replacement.

7.5. Upon inspection of the product as provided in Clause 7.4 above, if ePOPxo is of the
opinion that the returned product is not defective / damaged then you will be informed
about the same and the same product will be reshipped to your shipping address. You
will have to bear the shipment charges for the reshipped product.

7.6. In the event, where after the inspection of the returned product ePOPxo finds that the
product is defective/damaged and accepts your return claim, ePOPxo shall provide you
with a replacement product within the period indicated for delivery at the time of
purchase of the product.

8. Refund Policy

8.1. Only those products which are returned by you as per the return policy and for which
replacement is not possible will be eligible for refunds. If the product stock is unavailable,
then a request for the refund will be initiated and the same shall be informed to you
through registered e-mail.

8.2. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, ePOPxo may, at its discretion, either contact you for instructions or cancel the order and notify you of such cancellation. In such cases ePOPxo will refund the transaction amount to you (only for which the payment is already received).

8.3. Online Refunds

8.3.1 In case the payment mode of the refunded order is online (credit card/debit
card/net banking) the transaction amount will be refunded to your bank account.

8.3.2 Refund will be done within 10 (ten) working days from the date of request of
refund, if found eligible.

8.4. Offline Refunds

8.4.1 In case the payment mode of the refunded order is cash on delivery the mode of
refund will be through cheque.

8.4.2 Refund will be done within 10 (ten) working days from the date of request of
refund, if found eligible.

8.4.3 Refund cheques will be sent to your billing address.

9. Cancellation Policy

9.1. Cancellation by ePOPxo

9.1.1. If you place an order and due to some reason (unexpected lack of inventory or any
other reason) ePOPxo is not able to ship the product, the order will be cancelled
and the transaction amount, if already paid, will be refunded to you.

9.1.2. There may be certain orders that ePOPxo may be unable to accept and must
cancel. ePOPxo reserves the right, to refuse or cancel any order for any reason
whatsoever at its sole discretion.

9.1.3. Some situations that may result in your order being cancelled include, without
limitation, non-availability of the products or quantities of products ordered by you,
non-availability of the services, inaccuracies or errors in pricing information, or due
to a Force Majeure Event.

9.1.4. ePOPxo may also require additional verifications or information before accepting
any order. ePOPxo will contact you if all or any portion of your order is cancelled
or if additional information is required to accept your order. If your order is
cancelled after you have been charged, the transaction amount will be reversed to
your bank account.

9.1.5. A promo code, once used shall not be refunded in case of cancellation of order
either by you or ePOPxo.
A “Force Majeure Event” shall mean any event that is beyond the reasonable control of
ePOPxo and shall include, without limitation, sabotage, fire, flood, explosion, acts of
God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection,
war, acts of government, computer hacking, civil disturbances, unauthorised access to
computer data and storage device, computer crashes, breach of security and encryption,
and any other similar events not within the control of ePOPxo and which ePOPxo is not
able to overcome.

9.2. Cancellation by you
ePOPxo shall not accept any cancellations from you. In case the payment mode is COD
for an order and you refuse to pay the order amount either partially or wholly, ePOPxo
shall not deliver the product to you and the order shall stand cancelled.

10. Modifications To The Products and Prices
Prices for our products are subject to change without notice. ePOPxo reserve the right at any time to modify or discontinue a product without notice at any time. ePOPxo shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product.

11. Product Information
ePOPxo has made every effort to display as accurately as possible the colors and images of its products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. ePOPxo reserves the right, but is not obligated, to limit the sales of its products to any person, geographic region or jurisdiction. ePOPxo may exercise this right on a case-to-case basis. ePOPxo reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or product pricing are subject to change at any time without notice, at ePOPXo’s sole discretion. ePOPxo does not warrant that the quality of any product, service, information, or other material purchased or obtained by you will meet your expectations.

12. Intellectual Property Rights

12.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned by
Luxeva Limited (POPxo) or ePOPxo’s manufacturers or suppliers and the design,
structure, selection, coordination, expression, look and feel and arrangement of such
Content is protected by copyright, patent and trademark laws, and various other
intellectual property rights.

12.2. Through your use of the Website, by no means are any rights impliedly or expressly
granted to you in respect of such Content. ePOPxo reserves the right to change or
modify the Content from time to time at its sole discretion.

12.3. The trademarks, logos and service marks displayed on the Website ("Marks") are the
property of POPxo or ePOPxo’s vendors/seller or manufacturers or respective third
parties. You are not permitted to use the Marks without the prior consent of POPxo, the
vendor/seller or the manufacturer or the third party that may own the Marks.

12.4. Unless otherwise indicated or anything contained to the contrary or any proprietary
material owned by a third party and so expressly mentioned, POPxo owns all intellectual property rights to and into the trademark "ePOPxo", and the Website, including, without
limitation, any and all rights, title and interest in and to copyright, related rights, patents,
utility models, designs, know-how, trade secrets and inventions (patent pending),
goodwill, source code, meta tags, databases, text, content, graphics, icons, and
hyperlinks.

12.5. Except as expressly provided herein, you acknowledge and agree that you shall not
copy, republish, post, display, translate, transmit, reproduce or distribute any Content
through any medium without obtaining the necessary authorization from POPxo, ePOPxo
or thirty party owner of such Content as the case may be.

13. Use of Content
Except as expressly indicated to the contrary in these Terms, ePOPxo hereby grants you a
non-exclusive, revocable and non-transferable right to view and download product catalogues available on the Website, subject to the following conditions:

13.1. You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;

13.2. You may not modify or alter product catalogues available on the Website;

13.3. You may not distribute or sell, rent, lease, license or otherwise make the product
catalogues available on the Website available to others; and

13.4. You shall not remove any text, copyright or other proprietary items contained in the
product catalogues available on the Website.

13.5. The rights granted to you in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be
copied or imitated in whole or in part.

13.6. Any software that is available on the Website is the property of ePOPxo or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms or by the express written permission of ePOPxo.

14. Confidentiality
As elaborated under the Privacy Policy, ePOPxo will keep all confidential information
confidential, including your personal and business information, and shall not disclose it to
anyone except as provided in the Privacy Policy, and shall ensure that such confidential
information is protected with security measures and a degree of care that it would apply to its own confidential information. ePOPxo acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. ePOPxo shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these Terms of confidentiality as if such person was subject to these Terms of confidentiality.

15. Privacy
Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices. The personal information / data provided to us by you during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.

16. Links to Third Party Websites
The Website may contain links and interactive functionality interacting with the websites of third parties. ePOPxo is not responsible for and has no liability for the functionality, actions,
inactions, privacy settings, privacy policies, terms, or content of any such website. Before
enabling any sharing functions to communicate with any such website or otherwise visiting any such website, ePOPxo strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

17. Indemnity
You shall indemnify and hold harmless ePOPxo, its owner, licensee, affiliates, subsidiaries,
group companies (as applicable) and their respective officers, directors, agents, and
employees, from any and all claims or demands, or actions including reasonable attorneys'
fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

18. Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY EPOPXO ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. EPOPXO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. EPOPXO SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. EPOPXO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, EPOPXO DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

19. Limitation of Liability
IN NO EVENT SHALL EPOPXO, ITS DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT EPOPXO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF EPOPXO VIS-À-VIS ANY USER OF THE WEBSITE, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF TRANSACTION AMOUNT PAID BY THE USER TO EPOPXO, WHICH GIVES RISE TO SUCH CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

20. Governing Law and Dispute Resolution
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in New Delhi, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be New Delhi, India. All arbitration proceedings shall be conducted in English language.