Terms of Use of New-Pinch

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 Information Technology Act, 2000 and the rules made thereunder that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.New-Pinch.com (“New-Pinch”). New-Pinch website has been licensed to S.J. Garments (“We” or “Licensee”) by the licensor to facilitate Your (“You” or “Your”) online shopping of multi brand lingerie.

We request You to carefully go through these terms of use (“Terms of Use”) before You decide to purchase any products from the New-Pinch website. These Terms of Use apply to Your visit to and Your use of the New-Pinch website to purchase the products irrespective of whether such use is through a computer or a mobile phone or any other similar device, as well as to all information and recommendations provided to You on the New-Pinch website. By downloading or accessing the New-Pinch website to avail our service, You irrevocably accept all the obligations stipulated in these Terms of Use and agree to abide by them. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to You.See privacy policy.

Please read the terms carefully before using or accessing any material, information or services through the New-Pinch website. Your use of the New-Pinch website or the services provided by the New-Pinch website shall signify Your acceptance of the terms and Your agreement to be legally bound by the same.

  • 1 REGISTRATION AND ACCESS

    • 1.1 If You wish to purchase the products available on New-Pinch, You will have to register on the website. To register on the New-Pinch website, You will have to provide information such as Your name, mobile number, address and create a username and password.

    • 1.2 When You use the website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or mobile or other similar device to prevent unauthorized access to Your account. We request You to safeguard Your password and Your account and make sure that others do not have access to it. It is Your responsibility to keep Your account information accurate.

    • 1.3 We reserve the right to refuse access to the New-Pinch website, to terminate accounts, remove or edit content, or to cancel orders at our discretion. If we cancel an order, it will be without any charge to You.

    • 1.4 We will try to make the New-Pinch website error-free. Your access to the New-Pinch website may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility for internet related issues at Your end.

  • 2 PRIVACY

You confirm that you have read and fully understand the privacy policy of New-Pinch in respect of the website. You further consent that the terms and contents of such privacy policy are acceptable to You.See privacy policy.

  • 3 ACCESS

    • 3.1 New-Pinch grants You a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it.

    • 3.2 This right to access cannot be extended to include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

    • 3.3 You may not frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of New-Pinch without express written consent or the Licensee. You may not use any metatags or any other ‘hidden text’ utilizing ‘New-Pinch’ or its affiliates names or trademarks without the express written consent of the Licensee. Any unauthorised use would lead to termination of the right to access granted by the Licensee.

    • 3.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at New-Pinch as long as the link does not portray the Licensee, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any New-Pinch logo or other proprietary graphic or trademark as part of the link without the express written consent of the Licensee.

    • 3.5 You must not use the New-Pinch website in any way that causes, or may be likely to cause damage or impairment to the website or interrupt free access to it in any way. You must not use the New-Pinch website to host, display, upload, modify, publish, transmit, update or share any information that:

      • (a) belongs to another person and to which the user does not have any right to;

      • (b) is grossly harmful, harassing, blasphemous defamatory obscene, pornographic,paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

      • (c) harm minors in any way;

      • (d) infringes any patent, trademark, copyright or other proprietary rights;

      • (e) violates any law for the time being in force;

      • (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

      • (g) impersonate another person;

      • (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and

      • (i) threatens the unity, integrity, defence, security or sovereignty of the land, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

  • 4 COPYRIGHT AND DATABASE RIGHTS

    • 4.1 All content included on the New-Pinch website, such as photographs, text, graphics, logos, button icons, images and software, is the property of the Licensee, its affiliates or its content suppliers.

    • 4.2 The compilation of all content on this New-Pinch website is the exclusive property of the Licensee.

    • 4.3 All software used on this website is the property of Licensee or our software suppliers. You may not systematically extract and/or re-utilize parts of the contents of the New-Pinch website without the Licensee’s express written consent. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this website, without the Licensee’s express written consent.

    • 4.4 You may not create and/or publish Your own database that features substantial parts of this website (e.g. our prices and product listings) without the Licensee’s express written consent.

    • 4.5 Licensee respects the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please contact us

  • 5 TRADEMARKS

New-Pinch and other marks indicated on our website are trademarks or registered trademarks of the licensor in the Indian jurisdictions. All other trademarks not owned by the licensor that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the licensor.

  • 6 OUR SERVICES CONTRACT

When You place an order to purchase a product from New-Pinch, we will send You an email confirming the receipt of Your order and containing the details of Your order. That email will also confirm the cost of delivery which will be added to the purchase price of the product. Your order represents an offer to us to purchase a product which is accepted by us only when we despatch that product to You and the same is confirmed by an email we send to You, stating that we have despatched the goods (the ‘Shipment Confirmation E-mail’). The acceptance will be complete at the time we send the Shipment Confirmation Email to You.Any products on the same order which we have not confirmed in a Shipment Confirmation Email do not form part of that contract. You can review the orders You have placed and their current status at any time by clicking on ‘Sign Up/My Account’ from the homepage at New-Pinch website. You are seeking to enter into an agreement with the Licensee, when You place an order.

  • 7 RETURNS

Please review our Return Policy , which applies to products purchased from us.

  • 8 PRICING AND AVAILABILITY

Despite our best efforts, a small number of the thousands of products in our catalogue may be mispriced. If a product’s correct price is lower than our stated price, we charge the lower amount and send You the product. If a product’s correct price is higher than our stated price,we will, at our discretion, either contact You for instructions before dispatch or cancel Your order and notify You of such cancellation.

  • 9 COMMUNICATIONS

    • 9.1 When You visit New-Pinch website or send emails to us, You are communicating with us electronically. We communicate with You by email or by posting notices on the website. For contractual purposes, You consent to receive communications from us electronically and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that those communications be in writing.This condition does not affect Your statutory rights.

    • 9.2You understand that once You register as a New-Pinch user on the New-Pinch platform, You will receive SMS messages from New-Pinch on Your registered mobile number. These messages could relate to Your registration, or any updates and promotions that are undertaken by New-Pinch. Please note that New-Pinch will send these SMS messages only to the registered mobile number or such other number that You may designate for any particular purpose.

  • 10 TERMINATION

In the event You breach these Terms of Use or in the event any other New-Pinch user or a third party reports violation of any of its right as a result of Your use of the services, the Licensee reserves the right, to suspend or terminate Your access to the New-Pinch platform with or without notice to You and to exercise any other remedy available under the law. Any suspected illegal, fraudulent or abusive activity will be a sufficient ground for terminating Your access to the New-Pinch platform. Upon suspension or termination, Your right to avail the service on the New-Pinch platform shall immediately cease and the Licensee reserves the right to remove or delete Your information that is available with New-Pinch, including but not limited to login, account information and information posted by You.

  • 11 AMENDMENT TO CONDITIONS

We reserve the right to make changes to our website, policies, and these Terms of Use at any time. You will be subject to the Terms of Use in force at the time that You use the website or at the time You order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by You). If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  • 12 CHILDREN AND MINOR’S PRIVACY

Licensee strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the New-Pinch platform is not intended for use by minors, New-Pinch respects the privacy of minors who may inadvertently use the internet or the mobile application.

  • 13 WITHDRAWAL OF SERVICES

We shall prior to the collection of information including sensitive personal data or Personal Information, provide an option to You not to provide the data or information sought to be collected. You shall, at any time while availing the services or otherwise, also have an option to withdraw Your consent given earlier to the Licensee. Such withdrawal of the consent shall be sent in writing to the Licensee. In the case Your not providing or later on withdrawing the consent, the Licensee shall have the option not to provide goods or services for which the said information was sought.

  • 14 COPYRIGHT AND DATABASE RIGHTS

    • 14.1 We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use, if the delay or failure arises from any cause which is beyond our reasonable control.

    • 14.2To the fullest extent permitted by law, in no event will the Licensee or its affiliates be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, whether or not the Licensee has been warned of the possibility of such damages. Notwithstanding anything to the contrary in this Terms of Use, Licensee’s liability under this Terms of Use shall in no event exceed the price of the product purchased and if no purchase is made, exceed INR 500.

    • 14.3In no event will the Licensee or its affiliate’s be liable for any third party product or services. The advertisements available on e-mail or website with respect to any third party website or the products and services are for information purpose only.

    • 14.4You hereby indemnify, defend, and hold the Licensee, the distributors, agents, representatives and other authorized users of the Licensee, harmless from and against any and all losses, damages, liabilities and costs arising from Your use of the service.

  • 15 WAIVER

No term of these Terms of Use shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Licensee. Any consent by the Licensee to, or waiver of a breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

  • 16 GOVERNING LAW AND JURISDICTION

Any dispute, claim or controversy arising out of or relating to this notice or the breach,termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to Your use of the New-Pinch platform or the service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

  • 17 REFERRAL PROGRAM

If You refer to either invalid e-mail ids or to multiple e-mail ids which belong to You through our referral program, if any, we reserve the right to cancel all points and/or orders pertaining to those fake accounts.

  • 18 SEVERABILITYY

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

  • 19 GRIEVANCE OFFICER

In accordance with the Information Technology Act, 2000 and applicable rules made thereunder, the Grievance Officer for the purpose of Your personal sensitive information as governed by the New-Pinch’s privacy policy is Mr. Jitender Arora and can be reached at Jitender@New-Pinch.com

 

  • 20 NOTICES

All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision:

If to New-Pinch:
ContactUs@New-Pinch.com 

If to You: 
at the email address provided by You to us when You registered as a New-Pinch User.

  • 21 COMPLETE UNDERSTANDING

These Terms of Use contain the entire understanding between the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE