Terms & Conditions

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 buyer on Platform by providing data while registering on the Platform as Registered User. The term “GROFLER”, “We”, “Us”, “Our” shall mean TECHYOLK INDIA PRIVATE LIMITED.

When you use any of the services provided by us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subjected 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 GROFLER 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 GROFLER 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:

GROFLER provides a number of Internet-based services through the Platform. One such Service enables Users to purchase merchandise such as clothing, footwear and accessories of various fashion and lifestyle (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

We do not warrant that the Product descriptions or any other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

3. Transaction:

TECHYOLK INDIA PRIVATE LIMITED is responsible for selling the products to Indian customers. It hence has all the obligations and responsibilities as a seller regarding the product itself. For any inquiries, please contact us groflerfashion at gmail dot com

4. User Conduct and Rules:

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:

1. · 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 products
   · 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 offense or prevents investigation of any offense 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 may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

  · Users don’t reply to the payment verification mail sent by us.
  · Users fail to produce adequate documents during the payment details verification
  · Misuse of another User’s phone/email
  · Users use an invalid address, email and phone no.
  · Overuse of a voucher code
  · Use of a special voucher not tagged to the email ID used.
  · Users return the wrong product
  · Users refuse to pay for an order
  · Users involved in the snatch and run of any order
  · Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to ______
  · Any User with a very high return rate
  · Repeated request for monetary compensation for fake/used order

Grofler may cancel any order that classifies as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below-mentioned criteria, and any additional criteria as defined by TECHYOLK INDIA PRIVATE LIMITED:

· Products ordered are for self-consumption but not for commercial resale
· Multiple orders placed for the same product at the same address, depending on the product category.
· Bulk quantity of the same product ordered
· Invalid address given in order details
· Any malpractice used to place the order
· Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
· Any order placed using a technological glitch/loophole.

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 GROFLER (www.grofler.com).

You shall not use any false e-mail address, impersonates any person or entity, or otherwise mislead the platform by sharing multiple address and phone numbers or transacting with mala-fide intentions.

We on certain landing page even allow our Users to experience the 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 us 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 devices, 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, GST, 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 products 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 buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.

5. Contents Posted on Platform:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and Grofler has no control over such third party user generated content as Grofler is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, 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 You provide.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You

a. Do not remove any proprietary notice language in all copies of such documents,
b. Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
c. Make no modifications to any such information, and
d.do not make any additional representations or warranties relating to such documents.

6. Privacy:

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules thereunder. We may share personal information with our other corporate entities and affiliates.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy respond to claims that an advertisement, posting or other content violates the rights of a third party or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share/sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of the business. We have developed this Privacy Policy to protect Your personal/financial information and keep it confidential. By visiting www.grofler.com you are accepting and consenting to the practices described in this Privacy Policies. The following Privacy Policy and Cookie Policy outlines the information we may process and how we may use that information to better serve you while using www.grofler.com.

Note:

– Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.
– By visiting this Website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Website.
– By mere use of the Website, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use.

Correspondence Information.

Following are the various Correspondence Information which You provide when You access/register for Our Service includes:

Children under the age of 18: Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor, if you wish to use or transact, such use or transaction may be made by your legal guardian or parents on the Platform.

· Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.

· Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised that we ensure the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS).

· Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by us for purposes of tax or regulatory compliance.

· Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities.

· User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by you in relation to our Services.

· Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.

· Shared Information: What types of information are not allowed on Platform?

– Nudity or other sexually suggestive content
– Hate speech, credible threats or direct attacks on an individual or group
– Content that contains self-harm or excessive violence
– Fake or impostor profiles
– Spam

Technical and functional management of the Platform

When you use our Platform, we also process technical data such as your IP-address, Device ID, Device Contacts, Device Accounts including third-party accounts or MAC-address, and information about the manufacturer, model, and operating system of your mobile device. We use this data to enable us to deliver the functionalities of the Platform, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Platform.

Operational Use

By signing up you agree to receive calls from us related to your order and offers.

We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Platform. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Platform.
When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.

In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behavior on our Website. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.

In our efforts to continually improve our product and service offerings, we collect and analyze demographic and profile data about our users’ activity on our Website.

We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.

Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.

Applicable law and procedure

We collect and store your Correspondence Information to: (a) comply with our obligations under the law and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.

Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Platform is at your own risk. We recommend that you do not disclose your password to anyone.

Cookie Policy

We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website and you may be required to re-enter your password more frequently during a session.

Additionally, you may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties.

Third Party

At times We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.

We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.

Choice/Opt-Out

We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.
If you want to remove your contact information from our platform lists and newsletters, please visit unsubscribe link or you can email and contact us by phone call,

7. Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, www.grofler.com does not warrant that: Platform will be constantly available, or available at all or the information on Platform is complete, true, accurate or non-misleading.

All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

8. Indemnity:

You shall indemnify and hold harmless www.grofler.com, 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.

9. Trademark, Copyright and Restriction:

The platform is controlled and operated by TECHYOLK INDIA PVT. LTD and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. The Material on www.grofler.com 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 platform 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 will retain ownership and 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 a reasonable business purpose.

Trademark complaint

www.grofler.com (GROFLER/ Grofler) respects the intellectual property of others. In case You feel that Your Trademark has been infringed, you can write to groflerfahion at gmail dot com

10. Limitation of Liability:

In no event shall www.grofler.com be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

a. the use or the inability to use the Services or Products
b. unauthorized access to or alteration of the user’s transmissions or data
c. breach of condition, representations or warranties by the manufacturer of the Products
d. 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.

11. Termination:

www.grofler.com shall not be held responsible for non-availability of the www.grofler.com during periodic maintenance operations or any unplanned suspension of access to the dependent services. The User understands and agrees that any material and/or data downloaded at www.grofler.com 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.

a. If You or www.grofler.com terminates your use of the Platform or any Service, www.grofler.com may delete any content or other materials relating to your use of the Service and www.grofler.com will have no liability to you or any third party for doing so. However, your transaction details may be preserved by www.grofler.com for purposes of tax or regulatory compliance.

b. www.grofler.com may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, www.grofler.com credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of www.grofler.com
c. 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 www.grofler.com by sharing multiple address and phone numbers or transacting with mala-fide intentions then www.grofler.com reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

12. Jurisdictional Issues/Sale in India Only:

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. www.grofler.com makes no representation that materials 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 www.grofler.com is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

13. 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 New Delhi. The place of jurisdiction shall be exclusively in New Delhi.

14. 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 www.grofler.com. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products 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 sellers or manufacturers of the products. 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 products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

www.grofler.com responsible disclosure policy

At www.grofler.com, we take the security of our systems seriously, and it is our constant endeavor to make our website a safe place for our customers to browse. However, in the rare case when some security researcher or member of the general public identifies a vulnerability in our systems, and responsibly shares the details of it with us, we appreciate their contribution, work closely with them to address such issues with urgency, and if they want, publicly acknowledge their contribution.

How to report an issue?

If you happen to have identified a vulnerability on any of our web properties, we request you to follow the steps outlined below:

1. Please contact us immediately by sending an email to Mail ID groflerfashion at gmail dot com with the necessary details to recreate the vulnerability scenario. This may include screenshots, videos, or simple text instructions.
2. If possible, share with us your contact details (email, phone number), so that our security team can reach out to you if further inputs are needed to identify or close the problem.
3. If you intend to make the information public for educational or other such needs, please give us reasonable time to appropriately fix the problem before making such information public. Our security team will work with you to estimate and commit to such a time frame.
4. If the identified vulnerability can be used to potentially extract information of our customers or systems, or impair our systems’ ability to function normally, then please refrain from exploiting such a vulnerability. This is absolutely necessary for us to consider your disclosure a responsible one. While we appreciate the inputs of White-hat hackers, we may take legal recourse if the identified vulnerabilities are exploited for unlawful gains or getting access to restricted customer or system information or impairing our systems.

Acknowledgments

We do not have a bounty/cash reward program for such disclosures, but we express our gratitude for your contribution in different ways. For genuine ethical disclosures, we would be glad to publicly acknowledge your contribution in this section on our website. Of course, this will be done if you want a public acknowledgment.