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Terms of Use

Date Effective: July 1, 2020

Welcome to loveindus.com (the “Site”).  The Site is operated by Love, Indus Inc. (“we”, “us”, “our” or “LI”). By accessing the Site, you agree to be bound by these terms and conditions, and all other terms, conditions and policies you may find throughout the Site (collectively, “Terms & Conditions”).

 

You must be above the age of majority in your jurisdiction to make a purchase on the Site.  The Site is not directed at children under 13 years of age. If you are under the age of 13, you may not provide us with any Personal Information or register on the Site.

We respect your privacy and recognize the need to appropriately protect and manage any personally identifiable information (“Personal information”) you share with us.  Personal Information means any information that could be used to identify an individual such as, first name, last name, address, phone number, email address, social media handles or credit card information.

 

Most of the Site is accessible to you without you providing us with Personal Information, however, access to certain features and information on the Site will require you to provide us with Personal Information.  For example, we may require certain Personal Information if you choose to register for an account on the Site, sign-up for our newsletter, participate in special promotions and offers, signup for chat or message boards, email us, interact with us on social media platforms such as Facebook, Instagram, Pinterest or Twitter, or make a purchase on the Site.

 

In certain instances, you may be in a position to provide us with information about other people e.g. when you make a purchase for someone else and have the products shipped directly to them.  We will use and retain such information only to the extent required to carry out your request.

 

We may also collect certain non-personal information (“Non-Personal Information”) such as demographic information (e.g. gender, age etc.) and information about your interests and preferences.  In most cases such Non-Personal Information is optional (e.g. surveys) and anonymous. To the extent Non-Personal Information is linked to Personal Information, it will be considered Personal Information under this Privacy Policy.

 

We may use the Personal Information you share with us for several purposes such as fulfilling orders you place with us, sending you emails, establishing an account for you, or ensuring compliance with these Terms & Conditions or applicable law. If you wish to opt out of receiving promotional emails from us, simply follow the instructions to do so on the emails you receive. Note that certain emails from us, such as order confirmations, or Site announcements, do not give you the opportunity to opt out of receiving them. 

 

You acknowledge that your interactions with us on social media platforms such as Facebook, Instagram, Pinterest and Twitter or through comments on our blogs or the Site may be public and such interactions will be considered User Content (defined below).

 

As a general rule, we do not sell, rent or trade your Personal Information. We may share Personal Information with other businesses who perform certain services for us, such as maintaining the Site or mailing lists, processing/fulfilling orders, providing marketing assistance, or data analytics. We will take reasonable steps to ensure that these third-party service providers protect your Personal Information on our behalf. We may also share Personal Information when we believe, in good faith, that the law requires it.  In the event LI is acquired by a third-party, we expect the acquiror will acquire all or substantially all of the company and its assets, including Personal Information.

 

We may collect information about Site usage, such as which pages users visit, how long they stay, or which hyperlinks they click on.  We collect such information in order to understand Site usage and improve the experience for users and the information generally cannot identify users individually. We use “cookies” and other tracking technologies to collect such information.  Cookies are small text files that websites may transfer to a user’s hard drive for record keeping such as your site preferences and shopping history. Most browsers allow you to control (accept, not accept or delete) cookies, however, please note that certain areas of the Site might not function properly if you refuse cookies. Tracking technologies may record a user’s internet domain and host name, IP address, browser software, operating system and other similar information. We do not typically link the information recorded using tracking technologies with your Personal Information, however we may use IP addresses and other tracking technologies to identify a user if we believe these Terms & Conditions have been breached.

 

Please be aware that when you provide Personal Information in a public venue (such as a chat room, blog or message board), the information can be collected by others. In such cases, the protections of this Privacy Policy will not cover the voluntary disclosure of information by you.

 

We take reasonable and appropriate steps to protect the Personal Information you have shared with us from unauthorized access or disclosure. However, there is always some risk in transmitting information electronically. We cannot guarantee our databases are completely secure nor can we guarantee that Personal Information will not be intercepted while you are transmitting it to us. You acknowledge such risks and agree that you have voluntarily chosen to provide us with such Personal Information.  While we strive to keep all information secure, we cannot guarantee such security and cannot be responsible for the destruction, theft or inadvertent disclosure of Personal Information.

 

We do not knowingly collect the Personal Information of anyone under the age of 13. If we become aware of the inadvertent collection of such information, we will make commercially reasonable efforts to delete such information from our database.

 

We may update this Privacy Policy and the rest of these Terms & Conditions from time to time.  We will notify you of such changes by posting a notice on the Site and we encourage you to periodically check this page for changes (and note the Date Effective at the top).

The products and services available on the Site are for your personal use only.  You may not sell or resell any of the products or samples we may provide to you or anyone else.  You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

We reserve the right to cancel or reduce the quantity of any order if we believe, in our sole discretion, that fulfillment of the order may result in a breach by you of the Terms & Conditions.
We strive to have the most accurate information available on the Site at all times, however, we do not warrant that information on the Site is error free, current or reliable. We might change information on the Site at any time, without notice. We also reserve the right to cancel any orders based on inaccurate information (such as price, availability etc.). We apologize for the inconvenience and request you to e-mail us at info@loveindus.com with details on any inaccurate information you may come across on the Site.

All the content on the Site (the “Content”) belongs to us, our affiliates, partners or licensors and is protected by United States and international law, including laws governing copyrights and trademarks.  Neither the Content or any portion of the Site, may be reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

 

If you believe we are infringing on someone else’s intellectual property/copyright, please inform us immediately by e-mailing info@loveindus.com with the details.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
You many need to register an account with us in order to access certain parts of the Site. As a reminder, registering for an account is subject to the age restrictions outlined above. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms & Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms & Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your account with us at any time by contacting us by email at info@loveindus.com.  We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms & Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
The Site may contain links to third party websites. We are not responsible for any content on such third-party websites.

You are entirely responsible for any comments, information, submissions, ideas, concepts, data, text, music, sound, photographs, graphics, video, messages, facts, advice, tips, opinions and other material (collectively, "User Content") that you provide, or transmit to, the Site or via social media platforms. You represent and warrant that you own the rights to your User Content and you hereby grant us a perpetual, non-exclusive, worldwide and royalty-free license to exploit the User Content in any way we choose.

 

You may be exposed to User Content you find objectionable, offensive or indecent. We are in no way responsible for User Content provided by you or other users and, under no circumstances, will be liable in any way for any User Content.

 

The decision to use, not use, or delete any User Content is entirely ours.

The Site is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms & Conditions or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

 

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.

 

You agree that no claims or action arising out of, or related to, the use of the Site or these Terms & Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from your use of the Site or breach of these Terms & Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
These Terms & Conditions are governed by the laws of New York. Any dispute relating to your use of the Site shall be submitted to confidential arbitration in New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms & Conditions refer from us electronically including without limitation by e-mail or by posting notices on the Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

 

In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

You acknowledge and agree that these Terms & Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

 

We reserve the right, in our sole discretion, to change these Terms & Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms & Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms & Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

 

Nothing contained in these Terms & Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

 

If you have any questions regarding these Terms and Conditions, please email us at info@loveindus.com.