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Terms & Conditions

PLATFORM: TERMS OF USE


This document being an electronic record, as per the terms of Information Technology act, 2000, made hereby.  These details generated are electronically by a computer system and hence does not require any signature, be it physical or digital.

 This document ("Agreement") contains terms and conditions ("Terms of Use") that will apply to any legal or natural person,, having access to and is using Spexfree.com Platform for   Purchasing our Products listed on the Platform or otherwise, including but not limited to such users who have not created a Buyer Account (defined below) and are still accessing the Platform without creating a Buyer Account.


It is requested and expected from you, that you will read and understand this agreement carefully.  By registering on Spexfree.com platform as a buyer, you hereby clearly indicate you good understanding, complete consent and unconditional acceptance of this agreement and any amendments thereto. By accepting the terms of this agreement, you confirm to agree that you are interested in purchasing our product and or using our platform, therefore you agree to abide by all the terms of the agreement and all other policies, terms of use, as may be issued by the company from time to time, governing the good behavior and conduct of our buyers on Spexfree.com platform, if case if you don’t agree to the terms, you are therefore directed not to go ahead in using our services on our website.


1. DEFINITIONS

Capitalized terms are defined by all inclusion in quotations and/ or parenthesis with its meanings so ascribed; and the following terms shall have its respected meanings assigned to them as shared herein below:

a. "Applicable Law" in with  respect of a person, any statute, laws, regulations, ordinances, rules, judgments, decrees, by-laws, and approvals  from respective concerned authorities, government resolutions, orders, directives, guidelines, policy, requirements, or other  restrictions by the government or any decisions of similar form, or determination, or any interpretations or adjudications having the force of law of any of the foregoing, by any concerned authority/s or any governmental or regulatory authority requirements to which such person/s is/are the subject; “Buyers", "You" or "Your"; shall define a  registered user who is a natural or legal person and who has access to our platforms and is utilizing it for the purpose of buying Products listed on our platform or otherwise, including but not limited to such users who have not registered a Buyer Account with the platform and are accessing the Platform without such a registered Buyer Account.


b. "Buyer Account" means an electronic account on Spexfree.com Platform opened by the Buyer with the intent to o purchase Products offered through our Platform.


c. "Chargeback Transaction" means all those Transactions which are (i) not completed within the prescribed e timelines as indicated on our Platform; (ii) orders that are canceled any time prior to the date of the suggested delivery date in accordance with the prescribed cancellation policies of our Platform; (iii) In case if there are disputed by the Buyer for not having received the Products as per the stated purchase order/terms & conditions (iv) identified as Chargeback Transaction(s)As per the policies set out at https://www.spexfree.com /refund-policy/.


d. "Company", "Us", "We" “ Platform” “Website”  and/ or "Our" shall mean _______________a company registered under the Companies Act, 1956 having its registered office at ______________________________, __________,_________(hereinafter referred to as "Company" which expression shall unless repugnant to the context or meaning thereof mean and include its successors and assigns.


e. "Force Majeure Event" shall mean to include any event of any intensity that is beyond Company’s reasonable understanding and control and shall include, without any limitations, sabotages, fires, flood, explosion, acts of God, civil commotions, strikes, or industrial actions of any kind, riots, insurrections, wars, acts of governments, computer hackings, technical snags, unauthorized access to our computer data and storage devices and breaches of  our security and encryption;


f. "KYC Guidelines" of "KYC" shall mean the Know Your Customer (KYC) guidelines as set forth under the applicable laws by the Government of India.


g. "Platform" shall mean and include www.spexfree.com, mobile application of the Company, and any successor website/applications, any website/s of the Company’s affiliates or any other channel/s facilitated and permitted by us.


h. "Products" shall mean all eyewear products  that including- Eyeglasses, Sunglasses, Power Sunglasses, Kids Eyeglasses, Kids Sunglasses, Computer Glasses, etc. offered by us for sale on or through www.spexfree.com


i. "Prohibited Items" means any goods or materials the carriage or storage of which is prohibited by any law, rules or regulation of any country in or over which the shipment travels including inter alia has declared the goods to be a hazardous material, dangerous goods, prohibited or restricted articles by IATA - (International Air Transport Association), ICAO- (International Civil Aviation Organization) and ADR-(European Road Transport Regulation) for all dangerous goods.


j. "Terms" or "Terms of Use" or "Buyer Agreement" shall  constitute all the terms and conditions required to be accepted by the User/ Buyer prior to using our Platform;

k. "Transaction Account" shall mean details of  bank account(s) (being the current accounts) opened in for business transactions of our Company, wherein the Buyer shall pay and deposit the money for purchasing the Products for sale on our Platform; and


l. "Transactions" shall mean any transaction/s of purchase of any of our Products, initiated or performed by the Buyer, utilizing our Platform.


2. INTERPRETATIONS


a. All references made to the singular include the plural and vice versa and therefore the word "includes" should be mean as "without limitation".


b. Words importing any gender shall mean to include all genders.


c. Reference to any statute, ordinance, or other law will include all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force and practices.


d. The Buyer’s use of the Platform, including but not limited to viewing our information, acting on such information and updates and the Transactions that may be implemented through our  Platform, this is governed by and shall be subject to these Terms and such Terms whereof are subject to change at any time, without prior notice to You. Any additional or new features or tools which are added to spexfree.com shall also be subject to the Terms. To ensure that you are aware of the changes, please review this Buyer Agreement and all the documents referred to hereunder periodically.


e. If you choose to continue to browse through this Platform, You are thereby agreeing to be completely bound by the Terms of our platform which along with the privacy policy ("Privacy Policy") set out at https://www.spexfree.com/privacy-policy/ governs our relationship with you. You also confirm that You have completely read and have agreed and accepted to be hereby be bounded by our terms and conditions incorporated in the Privacy Policy, which shall be deemed to be a part of this Buyer Agreement.


f. In the event, an incorporated entity is represented through you, you thereby confirm that you are expressly authorized by the represented entity to consent on this buyer agreement and the same entity agrees to be bound by our terms. Also, that you have represented to the company and possess all the experiences, applicable approvals, licenses and registrations for undertaking your businesses and avail the offerings of this platform.


3. PLATFORM SCOPE AND APPLICABLE FEES

a. Spexfree.com is an ecommerce-portal/mobile based application for promoting, marketing, and selling of our Products. By visiting our Platform and/or purchasing/agreeing to purchase the Products listed on our Platform for the consideration, its costs and charges set out at the Platform and invoice issued to You, You hereby agree to be bound by additional and or Updated terms and conditions and policies as may be applicable to a particular Product/s which may be sold on Platform. These Terms are applicable to all our l Buyers and other users of our Platform, including without limitation all users who are browser/s, vendor/s, customer/s, merchant/s, and/ or contributors of for our requirement for data, contents, information, pictorial representations and/or images ("Content").


b. The Buyer shall pay all the applicable costs, charges and fees for purchase of the Products (which will be listed at our Platform and invoice is issued for it) through the method/ medium provided at our Platform and as set out at https://www.spexfree.com/checkout and the Buyer confirms not use any other method/s for making payments for the Products purchased through our Platform. [Upon initiation of a Transaction, the Company shall be duly entitled to receive the full payment for the Transaction from the Buyer in the Transaction Account unless otherwise agreed by the Company through other methods/ medium provided at our Platform and as set out at https://www.spexfree.com/checkout.  All monies, fees, charges, and payments, Transaction amounts collected or paid through the Products will be denominated in Indian Rupees and shall be subject to our refund, cancellation and chargeback policy as set out at https://www.spexfree.com/refund-policy.


4. LIABILITY EXCLUSIONS

You are aware and confirm that you fully understand that spexfree.com is only a platform for our prospective Buyer/Buyers and that:


a. We would not be anyhow responsible for any losses, damages, postponements, cancellation, delays or changes in the delay of the shipments or cargo or courier or mail or freight. All or any responsibility for communicating, arranging and managing for damages, losses, cancellations, postponements, changes or delays is not governed expressly by these terms and condition and we are not at all liable, be it monetarily or otherwise to the buyer for any losses, damages, cancellations, postponements, changes or delay in their delivery of the shipments, cargo , courier, freight or mail,  You are therefore abided by our Refund and cancellation policies set our at  www.spexfree.com/spexfree-refund-policy-for-frames-and-sunglasses


b. You understand that you hold the complete responsibility of obtaining all the valid permits, license, approvals and consents required in relation to the goods//items and products for which you propose to purchase our products.


5. TERMS : ONLINE PLATFORM:


a. You confirm that you shall not use/misuse our platform for any purpose that are Unauthorized, illegal and those identified for Prohibited users.


b. You confirm that you are completely responsible for all the content that is uploaded, submitted or send to us, by yourself to our platform. Under no circumstances, we would not be responsible for any claims made by third parties or thereof.


c. By agreeing to our terms and conditions and our policies, you confirm, that you are least at the age of majority, as per the rule of the present government, in the state or province of present residence that you have shared with us. Also you confirm you clear consent in allowing usage of this platform by your minor dependents, completely in accordance with the laws that are applicable in the state.


d. In cases of any observed fraudulent use of our platform or such applicable usage of payment methods , utilized for delivery of goods by roads, air, water or otherwise, which causes any monetary loss to spexfree.com, due to you actions and/or inactions being the cause of such event, will be thereby recovered solely from you. Without prejudice to the above, we reserve the complete right to initiate against you, legal proceedings for fraudulent use of our platform or for any other act unlawful or omission in breach of our buyer agreement.


e. In the event losses and damages, suffered by the company (including reputational damage) either or both directly or directly, on account of your Content, the Company reserves the complete right to initiate legal proceedings against you for such damages.


f. Reliance of any kind on the materials is completely at your own risk, we will not at all be responsible for verification of any posted content on the platform. Also we hold no responsibility for the accuracy or incomplete or not updated information on the platform.  The information provided on the platform is for general information purposes only and therefore reliance upon the same or its utilization as the only the sole basis for decision making and mot consulting more accurate sources of information, any reliance on the information and data on the platform is completely on your own risk.



g. The use of our platform requires Internet connectivity / Mobile network connectivity, therefore any cost incurred to access our platform and utilize our online services, shall be borne completely by you in all circumstances whatsoever, no cost liability would be borne by us.


h. All activities undertaken by yourself through you registered buyer account, irrespective or not you have authorized any such activities, you will be solely responsible for the same and the company will stand indemnified in all cases of this regard.

i. All Details, Product description and other key content should be checked by yourself before buying a product on the platform, all such responsibilities lies with you.


j. All precautions and action would be taken by you, in ensuring there is no mistake or misrepresentation of the products, offered at our platform.


k. All payments and taxes would be solely borne by you, on purchase of any product by you, on your platform, as per local governing laws.


l. Your commit that no activity or actions (Directly or Indirectly) on our platform or any facility of the company in any manner whatsoever or in furtherance of any such activity, that directly and or indirectly constitutes violation of (I) this Buyers Agreement, and (II) any action that will violate any applicable laws or regulation or which may cause our organization to be subjected to any legal actions, investigations or persecution.


m. You understand and agree that all payments and transactions made on our platform shall be governed by our company policies relating to refunds, charge backs, cancellation of any transaction, its redressal and escalation ecosystem and timelines. You agree that, in respect of any transaction that is cancelled, charge backed, the charges of cancellation or refund of any transaction or other cost shall be binding upon you and will be final.


n. In case a business entity is registered, you confirm to us, being duly authorized by the respected business entity in accepting our buyer’s agreement and therefore pose the authority to bind that business entity with our buyer’s agreement.

o. All information required for opening of your buyer account and usage of the platform, you shall provide us all such details.


p. You understand and agree, all information and contacts shared by you with us, may be verified, examined and processed, we are entitled if required to tweak, modify and delete any such information/content on our platform.


q. We reserve the right to terminate any account immediately, in case of any breach of violation of any or our terms and conditions and the company is entitled to report to enforcement agencies any such violations and initiate legal action against the buyer, due to the breach of our terms and terms, governed by present laws governing.


6. SERVICES AND PRODUCTS.

a. Collection of Pickup receipt, from the pickup agent is mandatory, whenever the order is returned.

b. With an opportunity for you to purchase our products from spexfree.com, once the order is place, the product will be shipped to you by the company, on complete payment of the services, that you are entitled to make to us


c. All products listed on our website and its related information on the platform is an “offered invitation”. All purchase made by you and its orders constitute your “offer”, such offers shall be completely subjected to all the terms and conditions mentioned in the present agreement.  We hold the sole discretion to accept or reject your offered, which you will not contest and cannot be contested.


d. The company has invested its best efforts and knowledge in attempts to display on this platform, colors of the products as accurately as possible on this website.  However, the colors that may be visible to you may differ and will be solely dependent on screens viewed be it your computer or mobile.  We therefore provide no guarantee regarding color visibility on our platform or Mobile screens.


e. We don’t provide any guarantee or warranty, claiming the product description on our Website/s are without errors, completely correct, reliable and update.   In cases if the product offered to you doesn’t match the description, you sole remedy would be return the products, unused and unsoiled, in its original condition worth being resold.


7. BUYER’S : PRODUCT  OBLIGATION AND COVENANTS 

a. By ordering Products on our Website/s, you understand and agree to other covenants in addition to, in this agreement.

b. When ordering their prescription glasses, buyers must have a clear, valid written prescription for a doctor, accuracy should be ensured, when such information is shared with the company.

c. You have given us unconditional consent in contacting the doctor, in our efforts to authenticate the prescription as and when required.

d. In cases of Product non-deliveries or wrong deliveries by the company, due to information errors shared by the buyer, in such cases, any cost related to redelivery in addition to the initial cost will be borne and billed to the buyer.

e. The buyer confirms all information shared with the company are theirs and completely authentic, with no misrepresentation or fraudulent act of any form from their end. The Information including, their name, contacts, address, and financial details of their bank and or credit cards of theirs or the organization they represent.

f. The buyer will check all the product descriptions before placing an order and on placing an order for the products, the buyer therefore agrees to be completely bound by the respective condition of sales, included in the items description.


8. GENERAL CONDITIONS

a. The company reserves the right to not facilitate or refuse your purchase of the products on the platform for anyone, including you at any time, without any explanations.

b. We believe you understand, all content including yours (Excluding Credit card Details) may be transferred unencrypted and expected to involve (!) Transmission on the data on various networks), and (II) changed to adapt and confirm with technical requirement in efforts to connect with other networks and devices.  Credit Card details are always encrypted during transfers over all networks.

c. The Buyer (If an individual) hereby confirms that he possess sound mental health.

d. Before initiating any transaction, buyer must ensure, sufficient funds (products and services) are available with him.

e. The buyer confirm to understand that platform has certain parts that would be only available if the buyer is a registered buyer at our platform, by completion of our registration process, therein : and

f. The Heading utilized in this buyers agreement are for purpose of conveniences only and swill not limit or affect these terms otherwise.


9. PROHIBITIONS

a. As a buyer, you acknowledge you responsibility to ensure that at any point you buy a product on the platform in relation to the items prohibited.

b. You are prohibited in using this platform as below, in additions to other prohibitions as set forth herein.

i. For Purpose Unlawful or Fraudulent.

ii. In Soliciting or performing of unlawful acts  by others

iii. Violating rules, laws or any applicable ordinances that are local, provincial, state, federal or international.

iv. Infringement upon or violate our IP ( Intellectual Property rights)

v. All efforts or action to insult, Harm, abuse, slander, intimidate, libel or discriminate any one/s based on their age, ethnicity, race, religion, sexual orientation, disabilities or origin of nationality.

vi. Submission of Information that is false and or misleading.

vii. Uploading of any type of code/s, malicious in nature or transmission of viruses that may or will impact the operations and functionality of our platforms, other platforms or internet.

viii. Any efforts to track and or collection information of personal nature.

ix. Any efforts to phish, scam, spam, scrape, crawl or spider.

x. Any purpose that is obscene or immoral in nature.

xi. Efforts to circumvent or interfere, security features of any of our platforms, related platforms or internet.   For violating the prohibited uses of our platform, we reserve the right to terminate your account with immediate effect.


10. PRICES AND SERVICES: MODIFICATIONS

The company reserves the right, without any prior intimation whatsoever, at any time to discontinue or modify our platform, but the company has no obligation to update any information on our platform.  Any changes on our platform will be monitored by yourself and will be solely you responsibility. The company is not liable to any third party or you for any changes of product or prices, suspension or discontinuance of the platform or any loss, direct or indirect that may arise to you pursuant to any such modification or changes.


11. PRODUCTS

The company reserve the right but not the obligation in limiting the sale of our products to any geographic region or jurisdictions or persons.  The rights may be exercised by us on case to case basis.   All Product pricings and descriptions are subject to changes and update at any time, without any prior notice, at the sole discretion.  The company reserves the right to continue/ discontinue any product at any given time.  When prohibited, any offer on any product made on our platform stand void.

The company does not warrant that the quality of any products, details or any other such material purchase by you will confirm to meet your expectation or there will be correction of any product defects.


12. THIRD PARTY LINK AND OPTIONAL TOOLS.

a. Third party access tools may be provided to you, for whom we neither control nor monitor nor do we provide any input or undertake any responsibility for the same.   You thereby understand and agree that access to such tools are provided by us on as “as in basis” and “as available” without any conditions, warranties or representations and endorsement of any time. The company will have no liability whatsoever in cases of issues arising or related to usage of such third party tools by yourself or by your account.

b. All or any use of tool , optional in nature through our website would be completely at your own discretion and risk and therefore ensuring familiarity with the tool and approval of its terms , provided by the third party providers is your responsibility.  In future, we may offer new features or services through our website/s, including new resources and tools.  Such new offerings shall also be subject or the same terms.

c. Certain services and content given access to you via our website may include third party -contents and materials.

d. Certain Links provided by Third party may direct you to third party platforms that will not be affiliated with us. The company is not at all responsible for verification, examination or evaluation of their content or accuracy of the same and therefore the company does not warrant and will take any responsibility or incur any liability for any material belonging to third parties or their platforms or third party services rendered.

e. The company is directly or indirectly not liable for any damage or harm caused or related to purchase or use of services, resources, content or any transaction made by or in connection with any third party platforms.

f. You acknowledge reviewing third party policies carefully and confirming you understand them, before you commit in engagement of any transactions. Any/All claims, issues, complain or queries regarding third party services would be directed to respective third party.


13. BUYER  : FEEDBACK , COMMETNS AND OTHER SUBMISSIONS

Incases , at our request, you may undertake certain specific submissions  ( Contest entries – example) or even without our request, we receive suggestions, proposals, ideas of creative nature or any other material, in various forms be it email , postal mail or otherwise (Collectively –Comments/Feedback) .  You hereby agree that we have the right to anytime, without restriction, Publish, copy, edit, share, translate, distribute and otherwise use the same in any/all mediums /any comments that you have forwarded to us.


The Company shall be under no obligation whatsoever to:


i. Maintain confidentiality of any comments

ii. Compensate for comments in any form.

iii. Respond to comments and or

iv. Monitor, Check, Verify or remove content that we may determine are unlawful at our own discretion, that are offensive, obscene, threatening, unlawful, libelous, defamatory, pornographic or otherwise objectionable or that violates any party’s intellectual property or these terms.


You hereby confirm the undertaking that your comments will not violate any applicable law and rights of any third party vendor /partner, including, but not restricted to, trademark, privacy, copyright, personality or other personal or rights of proprietary nature.  You also agree that any of your comments will not contain any unlawful, abusive, offensive or obscene material or contain any content that contains malwares or viruses, that could in any what affect the operations of the platform or internet.


You also agree to confirm that no false email address would be used or you will pretend to someone else or invest in efforts to mislead third parties as to your origin of comments. Completely responsibility of any such comments and their accuracy lies with you and we therefore take no responsibility whatsoever or assume any liability for any comments posted by you or any third party or claims of any kind that may arise as a result of these acts.

 

14. PRIVACY POLICY AND PERSONAL INFORMATION

Submission of personal information by yourself, such as details of registrations, transactions and debit/credit card information’s etc. , will be subjected to and governed by our Privacy Policies,  as updated periodically from  time to time at www.spexfree.com 

The continuous process of buyer data verification, their registration, transaction and financial details is undertaken by the organization time to time.  We therefore reserve the right, to take immediate and or necessary actions deemed necessary to ensure compliances with all relevant polices and guidelines (and applicable KYC issued by the regulator)


15. ERRORS, INACCURACIES AND OMISSIONS

Typographical errors, inaccuracies or omissions may occur on the platform occasionally, with the information shared related to product descriptions, promotional offers, pricings, charges of various kinds, transit timelines and their availability. Company reserves the right to undertake correction of errors , in accuracies and or omissions , and also to modify and/or update information or cancel orders if any information on our platform that is inaccurate at any time without prior notice (including the case where a transaction or order for a transaction has been submitted by you)

The company undertakes no obligation whatsoever to update, modify, amend or clarify information’s with respect to our products on the platform ,  including without any limitations, pricing information, except as required by the governing laws.  Specified update or refresh date applied on the product or on our platform should not be taken as an indicator that all the shared information of the product or our platform has been modified and/or updated.


16. WARRANTIES DISCLAIMER; LIABILITY LIMITATIONS

i. The company does not guarantee, warrant or represent that your usage of our Platform will always be uninterrupted, error free, secure and timely

ii. The company does not guarantee, the obtained results from the use of the platform would be reliable and accurate.  You understand and agree, that we may remove any of the services from time to time for indefinite periods of time or the same will stand cancelled without any due notice to anyone, including you.

iii. You acknowledge and agree that the inabilities or ability to use our Platform as at your own risk. The Services provided on our website to you (except as expressly stated by US) is on an “as in basis” and “as available” for your usage, they are without any warranties, conditions or representation of any kind, either implied or express, including all that are implied warranties or merchant condition and quality, fitness for a purpose, titles, durability and non- infringements.

iv. You expressively confirm that in no case whatsoever, shall our company, our directors, employees, interns,  agents,  affiliates, contractors, suppliers , services providers , licensors, or partners be liable for any loss, injury, claim or any indirect, direct, incidental , punitive , consequential or special  damages of any nature, that including damages similar,  whether based in contract or ( including negligence) , strict liabilities or otherwise, that arises from  your purchase of any of our products , platform usage, or content omissions and errors or loss of any nature incurred as a result of platform usage or any content or service posted,  shared,  or made otherwise available via our platform, even if advised of their possibility.  In cases of states or Jurisdictions , that do not allow exclusions or limitations of liability for incidental or consequential damages in such jurisdictions or states, the liability on us would be limited to the maximum extent permitted by the governing laws.

v. The Platform does not claim, advertise, market, promote testify and /or warrant (i) The accuracy, merchantability, viability, profitability of the products and /or any content whatsoever (ii) The Platform either as a part/tools or as a whole for their reliability, stability, safety, scalability, scale, accuracy, cost, benefits, compliance of all natures including regulatory and flexibilities required for the platform and their services provided by the platform.

vi. You expressively confirm that in no case whatsoever, shall our company, our directors, employees, interns,  agents,  be liable for any losses or damages that may result due to (I) Tampering, Hacking or other illegal and unauthorized use or access to technologies belonging to the company,  Information of buyer account contained therein. (ii)Transaction failures due to reason that would be attributed to (a) Used credit or debit cards of the buyer for the transaction by all participating banks  (b) by any provider of third party services  (c) Payment gateway failures, facilitating payments for respective transactions,  (d)Any delay,  deficiencies, failure in delivering the products to you, including inter alia and pick up delays  for product  deliveries to the buyer  of furnishing of required  documents, consents, approvals to the buyer (e) Failures of technological nature, including , site crashes, uptime and downtime ,  speed of working, call center services and payment gateways.

vii. Not Withstanding any other provisions of this Buyer agreement, in no circumstances, either Party,  Direct or Indirect Subsidiaries of Parties, employees , representative agents, or affiliates, be anyhow liable for (a) Any Kind of  exemplary, indirect, incidental, special, consequential or punitive damages,  in connection with or arising out of this buyer agreement or (b)any losses,  profits of revenues or any compensation from sales anticipated or procurement cost of substitute services or any expenses, expenditures, investments, commitments or costs incurred in reliance upon or otherwise in connection with or arising out of our Agreement, in equity, under statue ,  at law or otherwise, where or not the respective has been advised of such possibilities of damage/s.


viii. The company disclaims specifically any liabilities, with regards to any fake, duplicates, illegal, spurious, counterfeit, illegal, defective, expired, refurbished or infringing products purchased by yourself and we are not responsible for any liability of the purchased products or availed by you, does not match the detailed specifications mentioned in the confirmation received during purchase at our platform.


17. TRADEMARK & COPYRIGHTS

Every time a content is uploaded by you, you understand you grant the company non-exclusive, worldwide, transferable, royalty free license to use all or any of this content, by the ways of storing, distributing, hosting, reproducing, sub licensing, communicating, creating derivative works and modifying of such contents.  You acknowledge that the termination of the license would not take place, if you remove or delete the content or other content uploaded, in respect to those, which it is granted and therefore shall be continue to be utilized by the company on our website.


18. You understand agree, confirm and undertake that;

a. All rights, databases, copyrights and all other rights of proprietary, interest and titles in all content and or information that are present on the Platform, their Intellectual property is owned and /or licensed to the platform or is licensed /owner by persons uploading such content and is or may be covered and/or protected by trade mark, copyrights, intellectual property law and /or proprietary rights, unless stated expressively stated otherwise.

b. You will not extract , display, download, print or misuse any part of this platform  or offer assistance of similar nature for any reasons whatsoever, including the intent without limitation to commercialize any  our IP in any way possible.

c. Usage of our platform does not confer any rights or license to you and/or any party as  per the intellectual property or proprietary rights of our company and/or any other third party, where implied or otherwise, also

d. In cases of Infringement of any IP rights in relation to the platform and/or the contents, company shall not be held liable for any claims whatsoever.


19. INDEMNIFICATION

You expressively agree to indemnify and defend the Company , directors, employees, interns officers, partners, agents , contractors, service providers, licencors, contractors/Sub Contractors, service providers and third parties harmless for claims and demands of any kind, including reasonable attorney fees, made by third party due to or arising out of or in connection with Your (a) actual or alleged breach of the Terms of our Platforms and or its documents, they incorporate/d by reference, or (b) Third party laws of rights being violated by you. (c) Platform Usage or (d) Information provided by you (including inter alia, addressed provided on the platform and for those provided for the transactions) or (e) any misconduct, negligence, fraud conducted by you.


20. SEVERABLITY

In the event that determines any provisions of stated terms to termed to unlawful, unenforceable or void , such provisions shall nonetheless be enforceable to the fullest extent permissible by laws applicable and portion unenforceable shall be termed to severed from these terms, such determinations will not affect the enforceability or validities of provisions remaining.


21. TERMINATION

The terms of this platform stand effectively unless and until terminated by either

1. by the company, with our sole discretion, without any notice at any anytime and for all amounts up to or including till the date of termination would be your liability and must be cleared and /or access to our platform (or any part thereof) may be denied to you or

2. any arrangement has been agreed mutually in writing, between the company and the buyer.


In case of the buyer agreement being terminated, the buyer agrees to

1. to continue to be bounded by all provisions of this Buyers agreement, which survive by their nature

2. to stop immediately usage of the platform and clear all the outstanding fees amount to the company as informed by us.

3. we reserve the right to delete all buyers information and data relevant stored on company servers, including that of the buyers account

4. we shall be not liable to buyer and/or any third party claiming either independently or through the buyer due to the access terminated of the platform or related data of accounts including the buyers account.

5. to provide all documents, data, records, information in its possession, safely to the company. 

6. we reserve the right to delete all buyer information and related accounts data stored on company servers including account belonging to the buyer.


22. ENTIRE AGREEMENT

In the event of our failures to enforce or exercise any right or provisions offered in these terms of the platform, shall not be constituted as a waiver of such provisions or rights.   The Privacy and Policy terms and any such policies or rules of operations posted by the company o this platform, that will be amended from time to time, clearly constitutes the agreement entirely and the understanding between US and You, will govern your use of our platform, therefore superseding any prior or contemporaneous agreements, proposals, communication, commitments, either oral or in written form, between Us and You (including, but not limited to, any prior versions of the Terms). In case of ambiguities in the interpretation of these terms, they shall not be construed against the drafted party.


23. GOVERNING LAW AND JUDICIAL RECOURSE

The terms and conditions mentioned here will be governed and construed in accordance with the laws of India without giving effect to any principles and/or conflict of law.

The Courts of Mumbai shall have exclusive Jurisdiction over any dispute arising from the use of the platform.


SERVICE

The Company is committed to investigate the cause of non-performance with all parties involved. Redressal mechanism for complaints along with the escalation matrix has been set out In case of any grievances, you may contact the officer at grievance@spexfree.com or call us on +91 960 779 9944

FORCE MAJEURE

Notwithstanding the provisions herein, the Buyer shall not be eligible for liquidated damages, damages or any cost or termination for default against the Company, if and to the extent that the delay in performance or other failure to perform its obligations is the result of an event of Force Majeure. If a Force Majeure situation arises, the Company shall as soon as reasonably possible notify the Buyer in writing of such conditions and the cause thereof.

ASSIGNMENT

The Company shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without the any consent of the Buyer.

CONTACT INFORMATION

Questions about the above terms should be sent to us at care@spexfree.com.

GRIEVANCE REDRESSAL POLICY

Section 1 - Definitions

'Company' shall mean EMPIRE INC which is carrying on the business of online retailer and operate through retail store of vision care products of highest standard with their wide range of Eyeglasses, Prescription Sunglasses, and Fashion Sunglasses & Computer Eyeglasses.

'Complainant' shall mean the Customer who has a Grievance.

'Customer' shall mean the registered user who is a natural or legal person and who has access to and is using the Platform for the purpose of buying Products listed on the Platform or otherwise, including but not limited to such users who have not created a Buyer Account and are accessing the Platform without such a Buyer Account.

'Grievance' shall mean communication in any form by a customer that expresses dissatisfaction about an action or lack of action by, or about the standard of service of the Company.

Section 2 - Principles Governing Company's policy

The Company's policy on grievance redressal is governed by the following principles:

1. Customer shall be treated fairly at all times.

2. Complaints raised by customers are dealt with courtesy and without undue delay.

3. Customers shall be fully informed of avenues for grievance redressal within the organization and their right to approach the Customers Grievance Redressal Committee in case they are not fully satisfied with the response of the Customer Support.

4. Our employees would work in good faith and without prejudice to the interests of the customer.

Section 3 - Complaints Management Procedure

This policy document lays down various provisions, systems and procedures to ensure prompt redressal of customer grievance through a well-defined structure

Grievances by the Customer – Escalation Matrix

Four Tier Grievance Redressal System.

The Company has established customer grievances redressal machinery functioning at three level:

1. Level 1 -Customer Support & Officer In charge

2. Level 3- Grievance Officer

3. Level 4 - Nodal Officer

The Company has a Customer Support facility (10.30 Hrs to 01.30 Hrs Monday to Saturday) for effective resolution for operational issues and all the grievances referred to it.

For quick reference, the contact details are provided herein below:

Customer Support: care@spexfree.com

Customer Care Number - +91 960 779 9933 (10.30 Hrs to 01.30 Hrs Monday to Saturday)

Escalation Matrix

The Customer Support is responsible for the resolution of queries of all customers within seven (7) working days of receipt of complaint. If a customer is not satisfied with the resolution provided through customer support, the customer can escalate the issues to the next higher level, as displayed in the escalation matrix i.e. escalation@spexfree.com.

The Officer-in-Charge (escalation@spexfree.com) of the Customer Support is responsible for ensuring resolution of all queries received at Customer Support to the customer's satisfaction within seven (7) working days of receipt of complaint.

In case customer is still not satisfied with the decision or have not received any response within five (5) days, he may escalate the complaint to grievance@spexfree.com.

If customer fails to get response within 2 weeks or is not satisfied with response provided for the complaint raised, he can escalate the matter by writing to nodalofficer@spexfree.com

Complete details of the Grievance Officer & Nodal Officer is as under:

Zain alvi

Grievance Officer

EMPIRE INC

21, Rashmi Industrial Estate, Navghar, Vasai Road, East, 401210

Contact No. – +91 960 779 9944

Email id - grievance@spexfree.com


Hameed Shaikh

Nodal officer

EMPIRE INC

21, Rashmi Industrial Estate, Navghar, Vasai Road, East, 401210

Contact No. – +91 902 268 2155

Email id - care@spexfree.com

Zain

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