Terms of Service, Privacy Policy and Disclaimer
As per GDPR Guidelines.
Welcome to INVINCIBLE US TRUE MEDIA AND PUBLISHERS PARADISE PVT LTD. This document isa an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of INVINCIBLE US TRUE MEDIA AND PUBLISHERS PARADISE PVT LTD. (hereinafter referred to as “Invincible”)- E-MEDIA Application as marketplace platform (hereinafter referred to as “Platform”)
The Platform is owned by INVINCIBLE US TRUE MEDIA AND PUBLISHERS PARADISE PVT LTD., having its registered office at A-5201, Lodha Parkside, 9 Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra, India, PIN- 400013.
Your use of the Invincible Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Invincible including the applicable policies which are incorporated herein by way of reference. By mere use of the Invincible, you shall be contracting with INVINCIBLE US TRUE MEDIA AND PUBLISHERS PARADISE PVT LTD., the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with INVINCIBLE.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a Reader on Platform by providing data while registering on the Platform as Registered User. The term “INVINCIBLE”, “We”, “Us”, “Our” shall mean INVINCIBLE US TRUE MEDIA AND PUBLISHERS PARADISE PVT LTD., and its affiliates.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Article, News, Public / Product Reviews, and any column of the publication), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Invincible Policies including but not limited to Privacy Policy as amended from time to time.
1. User Account, Password, and Security:
If You use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
- immediately notify Invincible of any unauthorized use / breach of your password or account and
- ensure that you exit from your account at the end of each session.
2. Services Offered:
Invincible provides a various Internet-based publication through the Platform. One such Service enables Users to Read, review as Article, news and other Column (collectively, “Publication”). The Publication can be read through the Platform. The Read/write of Article / New shall be additionally governed by specific policies of Publication, (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference).,
Invincible does not warrant that Publication description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for their exchange of view on the Platform. Invincible is not and cannot be a party to or control in any manner between the Invincible Users. Henceforward:
- All commercial/contractual terms are offered by and agreed to between Publisher and reader alone. The commercial/contractual terms include without limitation price. Invincible does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Publisher and reader.
- Error on any part of Publication as is reflected on the Platform may due to some technical issue, typographical error or information published by Publisher may be incorrectly reflected and in such an event Publisher may cancel the part of such publication.
- You / Reader/ Reviewer release and indemnify Invincible and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Invincible and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Invincible, his Director, his employees or shareholder cannot take responsibility or control or liable for any loss or Damage for “Misuse” or “leakage of Data” of Personal information/ banking or other Data/ provided by the Users which is made available on the Platform of Invincible.
4. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right to
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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
- is misleading in any way
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen content.
- violates any law for the time being in force
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
- shall not be false, inaccurate or misleading
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
- A User /Reader may be considered fraudulent due to fraudulent activity if any of the following scenarios are met:
- Users doesn’t reply to the payment verification mail sent by Invincible.
- Users fails to produce adequate documents during the payment details verification
- Misuse of another User’s phone/email
- Users uses invalid address, email and phone no.
- Users involved in the snatch and run of any article.
- Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Invincible.
- Repeated request for monetary compensation for fake/used order
- You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Invincible.
- You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Invincible by sharing multiple address and phone numbers or transacting with malafide intentions.
- We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the Invincible on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
- You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of content or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- You shall not engage in advertising to, or solicitation of, other Users of the Platform to Publish any article or services, including, but not limited to, article, news, reviews, other column or services related to that being displayed on the Platform or related to us.
- The Content posted does not necessarily reflect Invincible views. In no event shall Invincible assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform.
5. Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a property of Invincible and restricted to use any third party user. Invincible has perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content.
7. Publication:
As a registered Publisher, Invincible is allowed to list item(s) for article, news, other column on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. Invincible must be legally able to Publish the item(s). We must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe item for sale. All listed items must be listed in an appropriate category on the Platform, The listing description of the item must not be misleading and must describe actual condition of the Publication.
8. E-Platform for Communication:
We agree, understand and acknowledge that Invincible is an online platform that enables you to read articles, news and other column listed on the Platform.
9. Indemnity:
- You shall indemnify and hold harmless Invincible, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
10. Personal / Professional Data storage and Record.
- You / reader/ writer release and indemnify Invincible and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Invincible and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Invincible, his Director, his employees or shareholder cannot take responsibility or control or liable for any loss or Damage for “Misuse” or “leakage of Data” of Personal information/ banking or other Data/ provided by the Users which is made available on the Platform of Invincible.
11. Trademark, Copyright and Restriction:
- Platform is controlled and operated by Invincible and article are displayed by respective employees and other Publisher. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Invincible is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Invincible or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our Various Service. However, we reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
11. Limitation of Liability:
In no event shall Invincible be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from publication:
- the use or the inability to use the Services or content.
- unauthorized access to or alteration of the user’s transmissions or data
- breach of condition, representations of the content.
- any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Invincible shall not be held responsible for non-availability of the Invincible during periodic maintenance operations or any unplanned suspension of access to the Invincible. The User understands and agrees that any article and/or data downloaded at Invincible is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data.
12. Termination:
Invincible may suspend or terminate your use of the Invincible or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Invincible chooses to terminate them.
- If You or Invincible terminates your use of the Platform or any Service, Invincible may delete any content or other materials relating to your use of the Service and Invincible will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Invincible for purposes of tax or regulatory compliance.
- Invincible may unilaterally terminate Your account on any event as mentioned in the Terms of Use.
- If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Invincible by sharing multiple address and phone numbers or transacting with malafide intentions then Invincible reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
13. Jurisdictional Issues/publication in India Only:
Unless otherwise specified, the article on the Platform is presented solely for the purpose of read in India. Invincible make no representation that article in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Invincible is not responsible of Publisher.
14. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Mumbai. The place of jurisdiction shall be exclusively in Mumbai.
15. Contacting the Publisher:
At Invincible, we are committed towards ensuring that disputes between Publisher and Reader are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Invincible about the Publication, you may proceed to do so by clicking on the Publisher name on the platform. Alternatively, you may also reach out to customer support at +91-__________ or access help center at ____________________.
16. Disclaimer:
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Invincible. We shall neither be liable nor responsible for any actions or inactions of publisher nor any breach of conditions, representations by the publisher and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the Publisher of the Publication. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the content listed or displayed or transacted or the content (including content or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, all content, information software, content, services and related graphics are provided as is, without responsibility of any kind. At no time shall any right, title or interest in the published article through or displayed on Platform vest with Invincible nor shall Invincible have any obligations or liabilities in respect of any transactions on Platform.
22. Convenience Fee
Subject to the Terms of Use and the below terms and conditions, Invincible may levy a convenience fee on all low value orders on the Invincible Platform, as detailed in FAQ (https://www.Invincible.com/faqs) and for cases provided under point 5 below, hereinafter collectively referred to as “Convenience Fee”.
- The Convenience Fee shall be specified on the shopping bag page on the Invincible Platform.
- The Convenience Fee shall be charged on the overall order value.
- Invincible reserves the right to modify/waive off the Convenience Fee from time to time.
- The Convenience Fee shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to Invincible Designs Private Limited.
- To protect the rights of customers, Invincible reserves the right to collect Convenience Fee for all orders and disable cash on delivery option for accounts which have high percentage of returns and shipments not accepted, of the number of orders placed through such accounts.
23. Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Name:
Designation:
INVINCIBLE US TRUE MEDIA AND PUBLISHERS PARADISE PVT LTD.
Address: –
Contact us: customergrievance@Invincible.com
Phone: +91-
Time: Mon – Sat (9:00 – 18:00)
Customer Support: You can reach our customer support team to address any of your queries or complaints by clicking the link, selecting your order: https://www.Invincible.com/contactus