Terms of Use

Last updated: June 3, 2021

Welcome to the beginning of your personal journey towards a conscious and sustainable lifestyle.

Introduction

This document, i.e., the Terms of Use (“Terms”) contains the terms and conditions between Anushe Pirani (“Firm”, “we”, “our”, “us”), the proprietary firm that owns and controls the brand “anushé pirani” (“Brand”) and you-the reader of these Terms (“User”, “you”, “your”).

These Terms govern your use of the services provided by us on the website located at www.anushepirani.in the (“Website”). So that these Terms appear as a reader-friendly document, the Website and our social media handles shall collectively be referred to as “Services”.

These Terms are important because they:

  • Outline your legal rights and obligations vis-à-vis the Brand;
  • Explain the rights you give to us when you use the Website;
  • Describe the rules users need to follow while using the Services;
  • Contain an agreement on how to resolve any disputes that may arise;
  • Explain the specific terms upon which you may use the Services.

Please note that the Firm offers limited use of the Services to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By accepting these Terms and the Privacy Policy, you are expressly electing to use and access the Services. You also promise that any information that you submit to us is true, accurate, and complete, and you agree to keep it that way at all times. Furthermore, the Firm undertakes no liability in relation to a violation of these Terms by you. 

If you do not agree to all the terms and conditions herein, then you are not permitted to access and/or use any of the Services. These Terms, together with our Privacy Policy, any other terms that you may agree to, and other terms that may be notified to you or updated on the Services, from time to time, constitute a legally binding agreement (the “Agreement”) between you and the Firm, in relation to your use of the Services. Any reference to the term Agreement in these Terms shall also be a reference to the Terms and Privacy Policy, individually and collectively.

  1. ACCEPTANCE OF THE TERMS

Please read the Agreement very carefully. By accessing or using the Services and/or making an Account (as defined below) and/or by viewing and/or accessing any Services, you represent that you have read the Agreement and agree to be bound by the same and all terms incorporated by reference. If you do not agree with all of the use requirements and restrictions described herein, you shall not use or be entitled to use and/or access the Services.

You are required to review the Agreement thoroughly and verify whether the Agreement is complete, prior to using our Services. Should you at any point find the Agreement to contain an error, you are required to communicate with us in writing at the address provided in Paragraph 21 of these Terms.

  1. AGE REQUIREMENTS/ELIGIBILITY

In order to access the Services, you must (1) meet the legal age requirements in the respective country you are intending to use the Services from, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

  1. USING OUR SERVICES

Although you do not need to create an account with us to avail any of our Services, we urge you to create an account on the Website to enjoy a hassel free shopping experience and a seamless check out process every time you make a purchase of our merchandise in the future.

  1. ACCOUNT CREATION

You can become a member by going to the relevant section of the Website and manually creating an account (“Account”). You will be required to provide us with your true and correct: (i) first name; (ii) last name; (iii) relevant e-mail address; (iv) gender; (v) your preferred delivery address; (vi) phone number; and (vii) a password to be used in connection with your Account on the Website. (“Account Information”). You agree and confirm that you shall not use anyone else’s Account and/or Account Information at any time.
We reserve the right to add, edit, modify, delete any information provided by you, in the event the same, in our sole discretion, is in breach of any applicable law and/or the Agreement and/or any of the Firm’s policies at any time. We reserve the right to force forfeiture of any Account Information that becomes inactive, violates trademark, or may mislead other users. We reserve the right to reclaim Account Information on behalf of businesses or individuals that hold legal claims or trademark rights over such Account Information.

You hereby acknowledge and understand that it may take up to 48 (forty-eight) hours or more to validate and activate your Account. You also agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you are aware of them. We may restrict, deactivate or terminate your access to the Services or your Account if we believe you are in breach of the Agreement.

  1. RESTRICTIONS

You hereby agree and undertake that during the course of availing the Services, you shall not:

  • Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libellous; hateful; or discriminatory;
  • Violate the rights of others including patent, trademark, trade secret, copyright, moral rights, privacy, publicity or other proprietary rights;
  • Exploit or endanger a minor;
  • Impersonate or attempt to impersonate any person or entity;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorised access to the Services, including our servers, networks or accounts;
  • Delete or revise any information provided by or pertaining to any other user of the Services;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit an image or video of another person without such person's consent;
  • Use the Services to advertise or promote competing services;

  • Use the Services in a manner inconsistent with any and all applicable laws;

  • To unlawfully collude against another person in restraint of trade or competition; or

  • Attempt, facilitate or encourage others to do any of the foregoing.

  1. PRIVACY

When you use the Services, we will collect certain information from you as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference.

The Firm may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.

  1. TERMINATION OR SUSPENSION

In the event you breach the Agreement, we reserve the right to suspend and/or terminate (temporarily or permanently) all, or a portion of your Account or access to the Services, with or without notice to you, at our sole discretion. Any suspected illegal, fraudulent or abusive activity may become ground for terminating your access to the Services. Except as may be set forth, termination of your Account may include: (i) removal of access to all offerings within the Services; and (ii) barring you from further use or access of the Services. The Firm may, at its sole discretion, suspend your ability to use or access the Services or any portion of it at any time, while the Firm investigates complaints or alleged violations of the Agreement, or for any other reason.

Once terminated or suspended (temporarily or permanently), you may not be entitled, if we deem so, to continue to use the Services under the same Account, a different Account or re-register under a new Account and your right to access the Services shall immediately cease. We reserve our right to remove or delete your information that is available with Services, including, but not limited to, your Account Information.

Any suspension, termination, or cancellation will not affect your obligations towards the Firm under the Agreement, which by their nature are intended to survive such suspension, termination, or cancellation.

  1. INTELLECTUAL PROPERTY RIGHTS AND GRANT OF RIGHTS

For purposes of this Agreement, (i) “Firm Content” shall mean the Services, and all information and/or content that you see, hear, or otherwise experience on the Services including but not limited to text, graphics, images, music, software, audio, video, stills, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

  1. ACCESS TO OUR SERVICES AND FIRM CONTENT

All of the Services and the Firm Content is the property of the Firm and is protected by Indian and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to the Firm Content, the Services, including, without limitation, all intellectual property rights protected as trade secrets, copyrights, trademarks, service marks, trade dress, or proprietary or confidential information, and whether or not they happen to be registered. You agree that by virtue of your use of the Services, you do not acquire any intellectual property rights vested in the Firm Content. Third party software included in our Services are made available to you under the relevant third-party software license terms.

  1. YOUR LICENSE TO USE THE SERVICES

We hereby grant you a non-exclusive, non-transferable, revocable and limited license to make personal, non-commercial use of the Services that are intended to be made available to you as a user for accessing the Services you are entitled to and/or as a visitor browsing the Services. Apart from the foregoing, no other right, title and interest is being made available to you. You may not use any User’s account on the Services or upload any content on their behalf. Further, we reserve all rights not granted to you under the Agreement.
We are not responsible or liable, in any manner whatsoever, for any unsatisfactory or delayed performance of any such Services and/or the products of the Services.

The Services may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason without notice to you.

  1. THIRD PARTY APPLICATIONS AND CONTENT

The Services may be integrated with or may otherwise interact with third party applications, websites, and services to make the Services available to you, or may contain links to third party products. These third-party applications may have their own terms and conditions of use and privacy policies and your use of these third-party applications and websites will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any third party application or website or for any transaction you may enter into with the provider of any such third party applications and websites, nor do we warrant the compatibility or continuing compatibility of the third party applications and websites with the Services.

The Services may contain hyperlinks to external websites owned and operated by third parties. We have no responsibility in relation to the accuracy, completeness and quality of the information contained within such third-party sites, and you access these sites at your own risk. Any and all contents on such third- party sites do not reflect the services or information provided by us. Please note that when you use third-party services, their own terms of use and privacy policies will govern your use of those services. References to any external links should not be construed as an endorsement of the links or their content by us.

  1. ERRORS, INACCURACIES AND OMISSIONS

We have done our best to display our items as accurately as possible on the Site. Please be aware, variations in style, color, size, shape and look may occur.

Occasionally there may be information on the Services that contain typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Services or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information on the Services or on any related website except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

If you are not satisfied with your purchase, please review our Returns & Exchanges policy.

  1. DISCLAIMER OF WARRANTIES

You expressly agree that use of the Services thereon is at your sole risk. The Services are provided on an “as is” and “as available” basis. The Firm expressly disclaims any and all liabilities, warranties, representations, conditions, or indemnities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of data and system integration.

The Firm and/or its affiliates expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, timeliness and performance of the Services or that the Services will be error free or that any errors will be corrected. No advice or information provided to you by the Firm will create any liability or warranty that is not expressly stated in the Agreement. Nothing available on the Services shall constitute the Firm’s opinion and should not be relied upon in making (or refrain from making) any decision.

  1. REPRESENTATIONS, WARRANTIES, UNDERTAKINGS AND INDEMNITY

You represent and warrant that you shall: (a) comply with any and all applicable laws and/or such other rules and guidelines as may be applicable to you; (b) comply with all of third party website terms and conditions; (c) not breach any of the terms set forth in the Agreement; (d) verify and affirm the accuracy and truthfulness of all the information you provide to us; and (e) no information you upload on the Services shall infringe any third-party rights, including, without limitation, intellectual property rights and rights of privacy or publicity.

In addition to the above, you agree, acknowledge and confirm the following:

  • The Firm (including its affiliates, proprietor, management, officers and/or employees) accepts no responsibility for any legal or financial events or outcomes arising out of the use of the Services.
  • The Services are for personal use and you shall not be entitled to use the same for commercial purposes and/or for any purpose beyond the scope of the Agreement.
  • The Services and/or the information thereon shall not be used for any illegal purposes whatsoever.

You will indemnify, defend, and hold harmless the Firm, the Firm’s licensors and affiliates and our respective directors, officers, employees, contractors, agents and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

  • your access to and/or use of the Services;
  • your violation of any of the provisions of the Agreement;
  • your violation of any rules, regulations, acts and/or laws that are in force or that may come into force from time to time;
  • any activity related to your Account by you or any other person accessing the Services through your Account, including, without limitation, negligent or wrongful conduct; or
  • your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

The Firm reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree, undertake and confirm to cooperate with us in asserting any available defences.

  1. LIMITATION OF LIABILITY

To the maximum extent permissible by applicable laws, in no event will the Firm and/or its affiliates be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive or consequential damages, or lost profits, arising out of, or in connection with, your use of the Services and/or the Firm Content, whether the damages are foreseeable, and/or whether or not the Firm has been advised of the possibility of such damages in advance. In the event you are in a jurisdiction that does not allow limitation of liability in the manner stated herein above, the limitation shall apply to you to the extent permitted by applicable laws.

We and/or our affiliates shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, act of god, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.

  1. CONFIDENTIALITY

You acknowledge and agree that in the course of conducting business with us, you may be exposed to confidential information related to the Firm’s business and business practices. Except to the extent that such information is otherwise authorised to be available to third parties, you agree to keep such information confidential. You agree that you will not use such confidential information for any purpose that is not specifically provided for in the Agreement.

  1. GOVERNING LAW AND JURISDICTION

The Agreement shall be strictly governed by and constructed in accordance with the laws of India and the courts of Mumbai, India shall have exclusive jurisdiction over any disputes arising from the Agreement or use of the Services.

  1. CHANGES TO THESE TERMS

We reserve the right to change our Terms at any time for any reasons deemed fit by us, including but not limited to, improving the existing functions or features of the Services, adding new functions or features to the Services, reasonable technical adjustments to the Services, ensuring the effectiveness of security features of the Services, and adjustments to the Services pursuant to legal or regulatory compliance requirements. Any changes that we make will become a part of our Terms with you when they are posted to our Services and as such, you are required to regularly check this page. We will, wherever possible, attempt to notify you of any changes to the Terms by way of push notifications and/or pop-ups and/or e-mails within the Services. Your continued use of our Services will constitute your agreement to any changes we make. If you do not wish to continue using the Services under the new version of the Terms, you may terminate your Account by contacting us. The last date on which these Terms were revised is set forth at the top of this document.

  1. COPYRIGHT NOTICES AND OTHER NOTICES

In the event you come across any content on the Services that you may feel is violative of applicable law, please send us the necessary details at the contact information provided in Paragraph 21 below and we will act as per applicable law to resolve your concerns.

  1. MISCELLANEOUS:
  • No injunctive relief: Under no circumstances, shall you seek an injunction or injunctive relief against us for any reason whatsoever. This section shall survive the termination of the Agreement.
  • Notices: Notices by you to us hereunder shall be invalid unless made in writing and duly signed, and sent to our e-mail address or to the mailing address provided in Paragraph 21 below.
  • No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
  • Contact Information: In the event you have any queries about these Terms or the Services, please feel free to reach out by email to us at hello@anushepirani.in.
  • Headings: The section headings are for convenience only and shall not limit, govern or otherwise effect the interpretation or construction of the Agreement in any way.
  • Prevailing Language: The English language version of these Terms shall be decisive in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
  1. CONTACT INFORMATION

If you have any questions about these Terms or the Services, please contact us at hello@anushepirani.in. 

Entity Name: Anushe Pirani
Address: Plot no.8, Mustafa Husain Building, Zakaria Bunder Road, Kalachowky, Cotton Green, Mumbai - 400033, India.