INDULGE TERMS OF USE AND SERVICE

1. INTRODUCTION 

2. PLATFORM & SERVICES

2.1 Indulge Global, inter alia, offers a members-only online platform to the Users for accessing concierge and  luxury lifestyle management products and services, including arranging travel and restaurant bookings,  flowers, gifts, hotel accommodations, luxury goods, tickets for premium events, auctions and e-commerce  in India (“Services”). In this regard, it is clarified that for the purpose of these Terms, “Platform” shall  mean the online/digital website and mobile application (whether android or IOS) owned, operated and  hosted by Indulge Global, and downloadable from third party service providers, including any updates  thereof, through which Users, can access premium concierge and lifestyle management products/services  (“Platform”). 

2.2 When using specific Services, Indulge Global and/or the respective Vendor may ask for Your consent to  contact you by third party social media services/applications including WhatsApp. By granting such  consent, you authorize Indulge Global and/or the respective Vendor providing the Services, to contact you  through such services/application at the number(s) you have provided. You may revoke consent to be  contacted by such services/application by contacting Us. However, You agree that Indulge Global may, but  are not obligated to, monitor or record any of Your communication over such services/applications for  quality control purposes, for training our employees and for our own protection. 

We may in Our sole discretion, discontinue the Services/Platform or modify the features of the  Services/Platform without prior notice. Your continued use of Services following any such modification  shall constitute Your deemed acceptance of these Terms (or as it may be modified).

2.4 While some parts of Services are available to Users free of cost, most parts of Services may be provided to  the Users at a cost. We reserve the right to amend these Terms and impose a cost on free parts of Services  in future. We will use reasonable efforts to give You a prior intimation as and when any part of free Service  becomes a paid Service. If, after being so intimated, You access paid parts of Services, cost for such paid  Services shall become due and payable by You to Us and We shall have a right to recover the cost for  provision of such paid Services to You, from You. 

3. YOUR APPROVAL 

3.1 You must sign up and/or register yourself and create a Registered Account with the Platform in order to  place orders for the Services available on the Platform. In order to register Yourself and/or sign up, You  will be required to furnish certain information and details, including Your name, mobile number, e-mail  address and any other information deemed necessary by the Website (“Registration Data”). 

3.2 Further, in the event the User is unable to register/sign-up through the registered email id, he/she/it must  promptly inform Indulge Global about the same.  

3.3 You may accept these Terms only if: 

(a) If You are a natural Person, are of the legal age, eligibility and mental capability to form a binding  contract and any reference to You shall include your heirs, executors and permitted assignees;

(b) If You are a juristic Person, are lawfully existing and have all the authorizations, permits and  allowances to enter into this Agreement and form a binding contract. Further  

(c) You are not legally barred or restricted from accessing the Platforms or using the Services or any part  of it. 

For the purpose of these Terms, a “Person” shall mean an entity “competent/capable” of contracting within  the meaning of the Indian Contract Act, 1872 (“Persons”) including but not limited to any natural person,  limited or unlimited liability company, corporation, partnership (whether limited or unlimited),  proprietorship, Hindu undivided family, trust, union, association, government or any agency or political  subdivision thereof or any other entity that may be treated as a person under the applicable law.  

3.4 All Users should be a Person of sound mind and should be capable of entering into a contract. Persons who  are minors, undischarged insolvents, etc., are not eligible to use, register or sign-up, on/for the  Platform/Services. As a minor, if You wish to use the Platform/Services, such use shall be made available  to You by Your legal guardian or parents, who have agreed to these Terms. In the event a minor utilized  the Platform/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents.  Indulge Global is not responsible for any consequence that arises as a result of misuse of any kind of Our  Platform/Services, that may occur by virtue of any person including a minor browsing and/or registering  on the Platform/Services. You acknowledge and accept Indulge Global does not have the responsibility to  ensure that You conform to the aforesaid age limit. It shall be Your sole responsibility to ensure that You  meet the requirement provided herein, and any Person under the age of 18 (eighteen) should seek the  consent of their parent/legal guardians before providing any information about themselves or their  parents/legal guardian on the Platform/Services.

3.5 You will be deemed to have accepted these Terms by accessing the Platforms and/or availing the Services,  including but not limited to, by:  

(a) creating a Registered Account;  

(b) accessing or downloading the Platform/Services or any audio, video, visual, graphic, text content or  combination thereof, including messages, information, articles, description of the Services, images,  videos, GIFs, reviews, ratings, comments, queries or any other like material, created and/ or added on  the Platform (“Content”), thereof; and/ or  

(c) accessing, surfing and/ or browsing the Platform/Services, without creating a Registered Account.

4. PROVISION OF SERVICES 

4.1 Services provided to You are subject to Your acceptance and approval of these Terms. You are requested  not to use and/ or access the Platform, Services and/ or any part thereof if You do not approve of, agree  with and accept each and every provisions of these Terms. 

4.2 You understand and accepts that in order to gain access to and use the Services, We require You to become  a member of the Platform by registering as a User. In the process of this registration you are required to  provide specific information by creating an account on the Platform (“Registered Account”). 

4.3 You agree and acknowledge that provision of Services to You is dependent on the information that You  provide to access such Services. Hence, by registering and creating an account, You agree that: 

(a) You shall ensure that all such information provided by You is always true, accurate, complete and  updated.  

(b) You shall immediately notify Indulge Global of any unauthorized use of Your account. If there is  reason to believe that there is likely to be a breach of security or misuse of a User’s account, we may  request You to change the password or may suspend the account without any liability to Indulge  Global, for such period of time as we deem appropriate in the circumstances. Indulge Global shall not  be liable for any loss or damage arising from failure to comply with this provision.  

(c) You acknowledge that Your ability to use the account is dependent upon external factors such as  internet service provider and internet network availability and Indulge Global cannot guarantee  accessibility to the Platform/Services at all times. In addition to the disclaimers set forth herein, Indulge  Global shall not be liable for any damages arising from Your inability to log into the account and/or  access the Services of the Platform, at any time.  

(d) Upon registration through any means whatsoever, Indulge Global may contact You through the  registered e-mail id or any other mobile number or contact number or email provided by You to enable  effective use of the Platform. You expressly permit Indulge Global to contact You, through the above  mentioned means at any time. Further, Indulge Global shall have the right to monitor the download  and usage of the Platform and the contents thereof, to analyse such usage and to enable effective and  efficient usage of the Platform. 

5. ELIGIBILITY AND MEMBERSHIP 

5.1 Indulge Global represents and warrants that in the provision of membership and/ or access to the Services,  we shall not discriminate in the delivery of such provision, in any manner whatsoever, including but not  limited to race, colour, sex, language, religion, political or other opinion, national or social origin, birth or  other status such as disability, marital status, sexual orientation and gender identity.  

5.2 You agree and understand that the Services offered on the Platform are for Registered Users only and  provision of Services to the Registered Users shall be subject to such User fulfilling the minimum eligibility  and membership requirements as set forth on the Platform, the background check of such User by Indulge  Global, and compliance with necessary financial, ethical and personal profile requirements as required from  time to time, under the applicable law and the performance of the Services.  

6. USE OF SERVICES  

6.1 You agree to use the Platform and Services only for such purposes as is permitted by: 

(a) these Terms; and  

(b) if You are a natural Person, any law, regulation or generally accepted practices or guidelines applicable  in the country of which You are a citizen, or in which You are a resident, or from where You access  the Services; or  

(c) if You are a juristic Person, any law, regulation or generally accepted industry practices and guidelines  applicable in the country where You are registered, where You maintain Your principal office or from  where You access the Services.

6.2 You shall not download any Content unless there is an express permission or link on the Platform such as  “download” or similar link to download the Content. You may not decompile, reverse engineer, or  disassemble the contents of the Platform or modify, copy, distribute, transmit, display, perform, reproduce,  publish, license, create derivative works from, transfer, or sell any information or software obtained from  the Platform, or remove any copyright, trademark registration, or other proprietary notices from the  contents of the Platform.  

6.3 You agree not to access or download the content through any technology or means other than the Platform  itself. You will not scrape, spider, use a robot, or use other automated means of any kind to access the  Platform/Services.  

6.4 You will solely be responsible for maintaining the privacy and confidentiality of Your account and access  details (user ID, password etc.) with respect to Your Registered Account and the Services rendered. Any  access to or use of Your Registered Account shall be construed as access or use of such Registered Account  by You.  

6.5 You agree not to impersonate another Person or impersonate, guide or host on behalf of, or falsely state or  otherwise misrepresent Your affiliation with any Person, including, but not limited to other Users, Indulge  Global and/ or Our officials, employees, agents, partners, affiliates, dealers and/ or franchisees.    

6.6 You agree that Your right to attend events or concerts and the ticket(s) obtained from the Platform that are  addressed to You are non-transferable and that no refund would be processed in case of Your absence or  delay in reaching the venue of the event.  

6.7 Unless agreed to the contrary in writing, Services provided by Us are for non-commercial, non-transferable  and personal use of the Users only. You will not

(a) advertise or sell the Platform or domain names or  otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for  contributions or donations) or use any public forum for commercial purposes of any kind, or

(b) use the  Platform in any way that is unlawful, or harms Indulge Global or any other person or entity affiliated with  Global. 

7. RESTRICTIONS ON USE OF SERVICES

7.1 You agree that You will not use the Services or any Content for any purpose that is illegal, unlawful or  prohibited by these Terms and any applicable law. You will not attempt to engage or engage in any activity  that may:  

(a) engage in any activity that could require Us to obtain licenses from or pay royalties to any third party; 

(b) reverse engineer, decompile or otherwise extract the source code(s) related to the Platforms or Services  or any part thereof, unless it is expressly permitted by Us in writing or is required by applicable law; 

(c) use any robot, spider, retrieval application, or other device to retrieve or index any portion of Platform,  Services or Content;  

(d) collect information about other Users in any illegal or unlawful manner for any illegal or unlawful  purposes;  

(e) register on the Platform by automated means or under false or fraudulent pretences for using the  Services;  

(f) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the  Platform or Services;  

(g) use Services in any manner that can damage, disable, overburden, or impair, or undertake any action  which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources  connected to any of the servers connected, directly or indirectly to the Services, or interfere with any  other third party’s access to and/or enjoyment of Services;  

(h) carry out any denial of service (DoS, DDoS) or any other harmful attacks on the Platform or; disrupt  or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt  any unauthorized access to the Services or any part of Services or any User; or 

(i) forge headers or otherwise manipulate identifiers in order to disguise the origin of any part of the  Platform or any Content transmitted through the Platform. 

7.2 You will not circumvent or disable any digital rights management, usage rules, or other security features  of the Platforms; remove, alter, or obscure any proprietary notices (including copyright notices) on any  portion of the Platforms; and not use Services in any manner that threatens or is likely to threaten the  integrity, performance or availability of Services to You or to Users generally.  

7.3 You acknowledge and agree that We have the right to report any and all suspicious or illegal activity which  shall come into our knowledge, to the appropriate legal or police authorities without notice to You.

8. PRICING AND PAYMENT 

8.1 Through the Registered Account You are allowed access to Indulge Global’s Services, wherein You can  brough through the Services, purchase the Services required by You and make payment using debit/credit  cards or net banking (collectively known as “Payment Gateway Services”). The Services and information  displayed on the Platform constitute an “invitation to offer”. Placing an order on the Platform shall  constitute an “offer” which shall be subject to the terms and conditions as detailed in these Terms and other  Indulge Global Policies. Indulge Global may accept or reject User’s offer in its sole discretion which cannot  be contested by the User, and the User is solely responsible for all charges owed for all Services purchased  through the Platform.  

8.2 Once the request is placed it is an express intention to purchase the Services and the same may not be  cancelled except as per the process stated on the Platform. Based on the information provided by You, the  request will be accepted by Indulge Global for processing and the same will be confirmed via Platform/e mail.  

8.3 Indulge Global aims to ensure that prices of all Services offered on the Platform are true and correct.  However, from time to time, the prices of certain Services may not be current or may be inaccurate on  account of technical issues, typographical errors or incorrect product information. In each such case and in  case of non-availability of the Services, notwithstanding anything to the contrary, We reserve the right to  cancel the Service without any further liability save and except for the refund of any amount charged against  it. 

8.4 Any discounts/offers provided on the Platform shall also be subject to the terms of the said discount/offer  along with the terms of these Terms and other Indulge Global Policies.  

8.5 The images of the Services shown on the Platform are for visual representation only and the  delivery/process/end product of the actual Services may vary from its visual representation on the Platform.  

8.6 We do not warrant that Service description or other content on the Platform is accurate, complete, reliable,  current, or error-free and to the extend permissible in law, disclaims complete liability in this regard.  

8.7 We shall not be responsible if some purchase request is not registered or is lost due to any network problems  such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from  banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection  to the same shall be settled between the end customer and the network operator without involving Indulge  Global.  

8.8 The purchases of the Services from this Platform by You, does not transfer/inure any of the intellectual  property rights or other proprietary rights related to the Services, their design or concepts to You.  

8.9 Shipping, handling rates and delivery of the Services shall be borne by the Service Provider, in its entirety  and the same may vary based on product, services, packaging, size, volume, type and other considerations.  The shipping and handling charges are given at the time of check out and the User shall be made aware of  the same before making payment.

8.10 Prices are subject to change without any notice. All prices on this Platform may vary depending on the  jurisdiction/country that the Platform is being accessed from. Depending on the jurisdiction/country, for  international cards used on the Platform, the banks applicable exchange rate and charges will apply. Indulge  Global has no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to  be directed to the bank or institution that issued Your card or payment instrument. All orders are  acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and raising  of an invoice.  

8.11 The User agrees, understands, confirms and states that the payment details provided by the User to transact  on the Platform will be correct, accurate and is owned by You. In the event You use a card/net banking  account belonging to any third party, then, You confirm that You have been authorized to or expressly  permitted by such third party to use such card/net banking account for making payment. The liability for  use of a card fraudulently will solely be on the User and the onus to ‘prove otherwise’ shall be exclusively  on the User.  

8.12 You shall be solely responsible for compliance of all applicable laws for making payments to Indulge  Global. In addition to all other remedies available under law and equity and as detailed under these Terms,  Indulge Global reserves the right to recover any and all costs, expenses, charges, damages of any nature  whatsoever, from any User using the Platform fraudulently. Further, Indulge Global reserves the right to  initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful  acts or acts or omissions in breach of these Terms.

9. E-WALLETS

9.1 Indulge Global grants its Users the ability to pay for the Services through in-built digitized electronic  wallets that can store credit based on the payments received from You, and make payments for the Services  instantaneously upon Your consent (“E-Wallet”). For the sake of clarity, when a User uses the E-Wallet  to pay for the Services, Indulge Global reserves the right to deduct the amount payable for the Services by  using the credit available on the E-Wallet. Hence, a User may use the E-Wallet to make purchases in  relation to products and services on the Platform and/ or enter into such other transactions, as may be  facilitated by the Platform, from time to time.  

9.2 By registering for an E-Wallet, You represent and warrant that You are (a) an Indian resident having a valid  Registered Account on the Platform, (b) a natural/legal person above 18 (eighteen) years of age or older  within the meaning of the Indian Contract Act 1872, (c) You can enter into a legally binding agreement,  and (d) You are not barred or otherwise legally prohibited from accessing or using the Services under the  laws of India and/or any other applicable jurisdiction.  

9.3 You understand and acknowledge that by authorizing transactions through the E-Wallet, You are  authorizing Indulge Global to perform multiple operations on Your E-Wallet which includes, but is not  limited to, debiting amounts against payments due to Vendors, checking balance, crediting refunds and  loading your E-Wallet Balance etc., with Your express consent/authorisation. Hence, while executing any  transaction, You must ensure the availability of sufficient funds On Your E Wallet or other sources of funds  that You use to execute any transaction.  

9.4 You agree that all risks arising from online transactions using E-Wallet will be borne by You and Indulge  Global reserves the right to disable/de-link the ‘E-Wallet’ option during payments by its sole discretion and  without prior intimation. Further, We also reserve the right to terminate Your use of the E-Wallet in case  of any incorrect representation of the conditions mentioned herein.  

9.5 You shall promptly inform Indulge Global for any unauthorized usage of your account, lost / stolen /  misplaced / device or account details, and any other circumstances which may lead to unauthorized usage  of your linked E Wallet.  

9.6 Indulge Global may review the data/information provided by You and undertake appropriate due-diligence,  including risk management before issuing E Wallets as per the extant regulatory directives issued by RBI  or any other regulator, such as RBI’s Know Your Customer (“KYC”), Prevention of Money Laundering Act (“PMLA”), RBI’s directives on PPI issuance and operation and other directives that are notified by  the regulator from time to time and applicable to the E Wallet. We may also fetch data from other sources  available in public or through our business partners or service providers which may pertain to You as part  of due diligence and risk management. For the sake of clarity, We may appoint associates or agents to  collect Your KYC information/data as part of E Wallet application, upgrade or risk assessment. Indulge  Global has the discretion and sole right to issue E Wallet, based on such due diligence. Hence, by merely  sharing the required data may not entitle creation of Your E Wallet. 

9.7 Funds loaded into Your E Wallets and spent on the Services are conducted over the internet and involve  multiple stakeholders not limited to Your Bank, Vendors, internet services, telecom operator etc. You  understand that the transaction confirmations and acknowledgements may not always reflect service  delivery due to the possibility of failures at multiple points. In such cases, Indulge Global is not liable for  any loss caused due to inefficiencies / process failures at other such stakeholders and We shall credit the  funds or recover the funds from You in such cases and shall apply appropriate limits/orders on Your E  Wallet or Account accordingly at its own discretion and can take appropriate legal actions to collect the  amount due, to the extent allowed by applicable law.  

9.8 Closure/Discontinuation of Services: In the event, You want to close Your E Wallet, Your remaining  balance/credit/funds would be returned the Your pre-designated bank account or such other source that  You may authorize through the Platform. You agree and acknowledge that there can be certain risk-based  scenarios when Your E Wallet may not be immediately closed but suspended and then eventually closed.  Further once Your E Wallet is closed, Indulge Global is under no obligation to reinstate Your E Wallet and  reserves the right to prohibit/stop You from creating a new wallet as per regulatory directives or based on  our internal policies.  

9.9 Disputes: Any disputes against Your E Wallet usage and operation shall be notified to Us within 30 days,  beyond which, We shall not be held liable for any such claim/event. However, when a dispute is received  from You, We shall identify Your dispute by a unique tracking reference and acknowledge the same. Any  disputes not resolved amicably, shall be referred to the governing laws within the republic of India and  jurisdictions mentioned in governing law and jurisdiction section below.  

9.10 You also understand that Indulge Global is also obligated to retain Your data and information even after  discontinuation of Your E Wallet for record retention.  

10. REFUND AND CANCELLATION OF E WALLETS  

10.1. All payments made through Your E Wallets for the Services shall be processed by You on Indulge Global’s  Platform and such payment shall be final. Indulge Global shall not be responsible for any error and omission  by You in this regard. Such transactions cannot be refunded, returned or cancelled once initiated. 

10.2. If a User erroneously processed a payment to the Vendor or processed a payment for the wrong amount  (for instance a typographical error at Your end) Your only recourse will be to contact the Vendor directly  to whom you have made the payment and ask them to refund the amount. Indulge Global shall not be able  to handle such disputes, nor shall We be expected to reimburse You or reverse a payment that You have  erroneously made, in an manner whatsoever. 

10.3. In the event

(i) Indulge Global receives a refund for a transaction which You have processed earlier, and/or  

(ii) You terminate/delete your Registered Account after requesting the initiation process for a refund of the  credit remaining in your E Wallet, We shall refund the funds back to the source, including E Wallet unless  otherwise, specified or directed by Your.

11. INTELLECTUAL PROPERTY RIGHTS AND DATA OWNERSHIP

11.1 Use of Services shall, at all times, be governed by and subject to the applicable laws regarding copyright,  trademark, patent, and trade secret ownership and use of intellectual property and You agree to abide by such laws, at all times. You shall solely be responsible for any violation of any law or for any infringement  of any intellectual property rights caused pursuant to Your use of Services. 

11.2 You further acknowledge and accept that the Platform, Contents and Services are owned and operated by  Indulge Global. All content or other material available on the Platform, including but not limited to video,  presentation materials, and other images, text, layouts, arrangements, displays, illustrations, documents,  materials, audio and video clips, HTML and files, are Our property and/or its affiliates or licensors, and are  protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign  laws. All software used on the Platform is Our property and is protected by Indian and international  copyright laws.  

11.3 Subject to applicable law, ownership of all intangible and/ or intellectual property developed, creating or  existing (including any data generated as a result of Services) pursuant to Your use of the Services, shall  ab initio rest with Us. Nothing in these Terms shall be construed as granting of any implied licenses by Us  and all rights not expressly granted to You are reserved solely by Us. 

11.4 Any logos, trademarks and service marks that may appear on the Platform (“Indulge Global Marks”) is  Our property or Our affiliates and are protected under Indian and foreign laws. Unless otherwise indicated  or anything contained to the contrary or any proprietary material owned by a third party and so expressly  mentioned, We owns all intellectual property rights to and into the trademark “Indulge Global” and the  Platform including, without limitation, any/all rights, title and interest in and to trade names, service marks,  logos, domain name, copyright, related rights, patents, utility models, designs, know-how, trade secrets,  designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons,  and hyperlinks. In addition, elements of the Platform are protected by trade dress and other Indian and  international intellectual property laws and may not be copied, reproduced, downloaded or distributed in  any way in whole or in part without the express written consent of Platform.  

11.5 You acknowledge that certain underlying technology or software used by Us in connection with Services  and certain Content displayed on Platform may contain rights of other Users or a third party and for use of  any such third party’s intellectual property, You may need to get permission directly from the owner of  such intellectual property. The ownership of all trademarks, copyright, logos, service marks and other  intellectual property owned by any third party shall continue to vest with such third party and You are not  permitted to use the same without the consent of the respective third party.  

11.6 All third parties owning any intellectual property have a right to take appropriate actions against any User  for any violation, infringement or passing off by such User. We respect the intellectual property rights of  all Persons and do not hold any responsibility for any violations of any intellectual property rights by You  or other Users. 

12. CONTENT  

12.1 The Content of the Platform, including without limitation, text, copy, audio, video, photographs,  illustrations, graphics and other visuals, is for informational purposes only. Reliance on any information  appearing on the Platform, whether provided by Us, independent professionals/consultants/experts, visitors  to the Platform or others, is solely at the Your’s own risk.  

12.2 THE INFORMATION ON THE PLATFORM IS NOT INTENDED FOR, OR TO REPLACE ANY  ADVICE FOR MEDICAL PURPOSES. BY USING THE PLATFORM, YOU AGREE TO USE THE  PLATFORM FOR THE INTENDED INFORMATION AND COMMUNICATION PURPOSES ONLY  AND PARTICULARLY NOT FOR ANY MEDICAL PURPOSES. ANY INFORMATION THAT MAY  BE SHARED BY AN INDEPENDENT PROFESSIONALS/CONSULTANTS/EXPERTS ON THE  PLATFORM SHOULD NOT BE MISCONSTRUED AS MEDICAL ADVICE, PRESCRIPTIONS, OR  DIAGNOSES AND THE USER AGREES TO CONSULT A MEDICAL EXPERT/ MEDICAL  PROFESSIONAL/ MEDICAL PRACTITIONER IN CASE OF ANY INDIVIDUAL HEALTH  RELATED QUESTIONS AND/OR ISSUES.

12.3 Any User may be able to link from the Platform to third party sites and third-party sites may link to the site  (“linked sites”). You acknowledges and agree that We have no responsibility for the information, content,  products, services, advertising, code or other materials which may or may not be provided by or through  linked sites. Links to linked sites do not constitute an endorsement or sponsorship by Us of such sites or  the information, content, products, services, advertising, code or other materials presented on or through  such sites. Indulge Global disclaims any liability for links

(1) from another site to this Platform and

(2) to  another site from this Platform. We cannot guarantee the standards of any site to which links are provided  on this Platform, nor will be held responsible for the contents of such sites, or any subsequent links. We do  not represent or warrant that the contents of any third-party site are accurate, compliant with applicable  law, or compliant with copyright or other intellectual property laws. Also, We are not responsible for any  form of transmission received from any linked site. Any reliance on the contents of a third-party site is  done at the User’s own risk and the User assumes all responsibilities and consequences resulting from such  reliance.

13. PRIVACY 

13.1 Our Privacy Policy explains how We treat Your data and protect Your privacy when You use the Services.  By using the Services, You agree to Our use of Your data according to the Privacy Policy.  

13.2 You are responsible for maintaining the confidentiality of passwords associated with any device or online  accounts that You use to access the Services or any part thereof. You are solely responsible for all activities  that occur with use of Your Registered Account or device. 

14. SUSPENSION, CANCELLATION AND TERMINATION OF ACCOUNT

14.1 You are bound by these Terms from the time You access this Platform till earlier of

(a) when You cease  browsing or accessing the Platform in any manner, including deleting Your Registered Account; or

(b) Us  deactivating/suspending Your Registered Account, and/or permanently barring Your access to Services.  

14.2 We reserve the right to deactivate/suspend Your Registered Account, and/or permanently bar Your access  to Services or any part thereof, at any time, if:  

(a) You knowingly or unknowingly cause, direct or indirect, breach, as ascertained by Us, of any part  of these Terms and/or any applicable law;  

(b) You do not make the requisite payments with respect to Services not provided free of cost by Us;

(c) a third party through which We offer the Services, has terminated its relationship with Us or ceased  to offer the related Services to Us or to You;  

(d) provision of Services or any part of Services is no longer commercially viable or feasible for Us;  

(e) Indulge Global believes that You are a repeat infringer of the terms of these Terms or You are in  violation of applicable law; or  

(f) We are required to deactivate/suspend Your Registered Account, and/or permanently bar Your  access by applicable law, government order or order of a court with requisite jurisdiction.  

14.3 Upon termination of this Agreement, all the legal rights, obligations and liabilities that You and Indulge  Global have benefited from, been subject to (or which have accrued over time whilst the Agreement was  in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall  continue to apply to such rights, obligations and liabilities indefinitely. In this regard, You agree that We  will have no liability to You or any third party for termination of Your account, cancellation or suspension  or blocking of Your access to the Platform and Services. 

15. LIMITATION OF LIABILITY

15.1 Users shall access the Platform voluntarily and Your Use of Services is entirely at Your own risk. Financial  and non-financial transactions performed by You on the Platform are always processed by You or under  Your exclusive authorization. We, to the fullest extent permitted by law, shall not, in any event, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other  damages (including but not limited to any accident, injury, death, loss of property), fees, fines, penalties or  liabilities whatsoever arising out of

(i) errors, mistakes, or inaccuracies of the content available on the  Platform,

(ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to  and/or use of the Platform,

(iii) any unauthorized access to or use of our secure servers and/or any and all  personal information and/or financial information stored therein,

(iv) any interruption or cessation of  transmission to or from the Platform,

(v) any bugs, viruses, trojan horses, malware or the like, which may  be transmitted to or through Our Platform by any third party,

(vi) use of any Service or any products sold  by way of the Service and/or

(vii) any errors or omissions in any content for any loss or damage of any kind  incurred as a result of Your reliance on or use of any Content emailed, transmitted, or otherwise made  available via the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether  or not We are advised of the possibility of such damages. We shall have no liability under these Terms. 

15.2 User further acknowledges and accepts that the Services offered by Us on the Platform are provided through  third party service providers, including but not limited concierge or brand managers or their employees,  agents and/or service providers, who possess the necessary expertise, skill and resources to provide the  Services to You (“Vendors”). Hence, Indulge Global shall not be held liable for any conduct or negligence  of the Vendors, in the provision of the Services, in any manner whatsoever.  

15.3 Provision of the Platform does not constitute an institution of agency between Us and any of Our Users.  Our relationship with each and every individual User shall be on a principal to principal basis only. You  are solely responsible for any breach of Your obligations under this Agreement, applicable law and/ or the  consequences of any such breach.  

15.4 We shall not be liable for any acts or omissions of the Vendors providing their products or services through  the Platform. We shall not be responsible for the accuracy or authenticity of the products sold, services  provided or privileges offered by the Vendor through the Platform. Any guarantee, warranty and/ or  insurance with respect to products and services offered by the Vendors shall be subject to the guarantee,  warranty and/ or insurance provided by the respective Vendors. We shall not be liable for any loss and/ or  damages to any Person resulting from any suits, scams, bankruptcy proceedings or court orders in respect  of or against the respective Vendors.  

15.5 We will not be responsible for any Content, products, services, privileges, offers available on third party  media platforms by Our Users or by Us and We shall not be liable for the authenticity and availability of  such Content. You agree and acknowledge that the products and/ or services offered by the Vendors  through Our Platform are subject to availability of such products and services with the Vendor and may  require a prior booking/ appointment by the User. For example, if a User has access to 50% (fifty percent)  discount on stay at a specific hotel, as a privilege, then We will not be responsible if that specific hotel is  sold out on a specific date and no rooms are available for the User to avail the said privilege on the said  date.  

15.6 We will not be liable for any acts or omissions of any third party, or for any unauthorized interception of  the Platform or Services or any breach of this Agreement attributable in full or in part to the acts or  omissions of third parties, or damages associated with features that We do not furnish, or damages that  result from the operation systems, equipment, facilities or services provided by third parties to You.  

15.7 The User agrees and acknowledges that We reserve the rights to refuse any and all offers, admissions, bids  or claims made with respect to any auction conducted on the Platform and We shall not be held responsible  for the authenticity, accuracy and condition of the auction products.  

15.8 You agree to defend, indemnify and hold harmless Indulge Global, its officers, directors, employees and  agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and  expenses (including but not limited to attorney’s fees) arising from:

(i) Your use of and access of the  Platform;

(ii) Your violation of any term of these Terms or Our Policies;

(iii) Your violation of any third  party right, including without limitation, any copyright, property, or privacy right; or

(iv) any claim that  Your use of the Platform has caused damage to a third party.  

15.9 In the event of Your breach of these Terms, You agree that We will be irreparably harmed and may not  have an adequate remedy in money or damages. We, therefore, shall be entitled in such injunction against such a breach from any court of competent jurisdiction. Our right to obtain such relief  shall not limit its right to obtain other remedies.  

16. WARRANTIES  

16.1 The Services and the products on the Platform are provided on an “as is” and “as available” basis for Your  use, without any representations, warranties or conditions of any kind, either expressly or implied,  including all implied warranties or conditions of merchantability, merchantable quality, fitness for a  particular purpose, durability and We assume no liability for the accuracy or completeness or use or non 

obsolescence of any information on the Platform. The information, software, products, and services  forming parts of the Services have been contributed by various Vendors and may include inaccuracies or  typographical errors. Any advice received or inferred via the Services should not be relied upon by a User  for any personal, legal or financial decisions and a User should consult an appropriate professional for  tailored advice, specific to their situation.  

16.2 Indulge Global shall not be liable to update or ensure continuity of information or content contained on the  Platform. We would not be responsible for any errors, which might appear in such information, which is  compiled from third party sources, Vendors or for any unavailability of such information or content on the  Platform. We makes no warranties that the

(i) Service will be uninterrupted, timely, secure or error free;

(ii) the quality of products, services, information will meet Your expectation.  

16.3 We reserve the right and discretion to make any changes/corrections or withdraw/add Contents at any time  without notice. Neither Indulge Global nor any third parties or Vendors, provide any warranty or guarantee  as to the accuracy, timeliness, performance, completeness or suitability of the information and materials  found or offered on the Platform for any particular purpose. You acknowledge that such information and  materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies  or errors to the fullest extent permitted by law.  

16.4 In the preparation of the Platform and Content therein, every effort has been made to offer the most current,  correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. Any  feedback from a User is most welcome to make the Platform and contents thereof error free and user  friendly.  

16.5 We make no warranties or representations whatsoever regarding the quality and competence of any Vendor  and would not be responsible for any deviant behaviour of any such Vendor. Any feedback from User  relating to the same is most welcome and Indulge Global reserves the right and discretion to take any action  in this regard.  

16.6 Indulge Global shall not be responsible for any delay or failure of our performance of any of services or  obligations caused by events beyond reasonable control, including but not limited to events such as act of  war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or  government restrictions or regulations.

17. GOVERNING LAW AND JURISDICTION

17.1 You acknowledge and accept that the Services provided through the Platforms may be controlled and  operated from and through, any country and may be subject to the laws of that country. When You accesses  the Services from any location, then, You are responsible for compliance with the local laws applicable to  You.  

17.2 These Terms shall be governed by and shall be construed in accordance with the laws of India, without  regard to the conflict of law principles. All disputes relating to this Agreement shall be settled in the courts  located at Hyderabad, India, and You hereby accede to the jurisdiction of such courts.

17.3 You agree that any cause of action arising out of Your access to the Platform shall be commenced within  30 (thirty) days after

(a) when such cause of action accrues; or

(b) when You become aware of the facts  giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.

18. MISCELLANEOUS 

18.1 Confidentiality: You may be given and have access to confidential and proprietary information of the other  users pursuant to Services provided under this Agreement. You will not use any such confidential  information for Your own corporate purposes or any other purpose (except as contemplated under this  Agreement) without a prior written consent of the Person owning such information and shall use their best  efforts to keep confidential and not to disclose to any Person any such confidential and proprietary  information, except as mutually agreed or required by applicable law.  

18.2 Display Association: We shall have a right to display and publicize Our association with You, other Users  and the Services We have provided to Our Users, in Our collateral and branding materials.  

18.3 Severability: If any provision of this Agreement is determined to be unenforceable then such provision  shall, to that extent, be deemed deleted from this Agreement and the legality, validity and enforceability of  the remaining provisions of this Agreement shall not be in any way affected. Any act of either Us or the  User, done prior to the provisions being held unenforceable shall be deemed to be valid and binding on the  other. 

18.4 Waiver: Waiver by Us of any one default of any one User will not waive subsequent defaults of the same  or different kind, by the same or different User, and no failure or delay of Us to exercise or enforce any of  its rights hereunder shall act as a waiver of those rights.  

18.5 Assignment: While the Users shall not assign or transfer any of their rights or liabilities under this  Agreement to any other Person, We may freely assign Our rights and benefits (in full or in part) under this  Agreement to any Person. You acknowledge that We have a right (but not the obligation) to deliver the  Services either ourselves, or, through Our affiliates or any third parties.  

18.6 Complaint: In the event, User have any questions, comments, complaints and requests regarding these  Terms or Our Policies, You may address the same to the designated grievance officer in respect of the  Platform. Any complaints or concerns with regards to any content on the Platform or any breach of the  Terms or Our Policies can be directed to the designated officer in writing and the details are as follows:  

a) Any details or query in relation to collaborations or careers may be raised/intimated to Us, through an  email addressed to our grievance officer at info@indulge.global

b) Any complaint, concern or query with respect to orders and/or products forming part thereof may be  raised through an email at Karan@indulge.global  

18.7 Notices: We may post notices within the Platform or send You notices on the registered e-mail address or  the telephone numbers shared with Us. You will deemed to have received such notices, if sent via e-mail,  within 24 (twenty four) hours of Us sending the notice. Your use of Services after expiry of 3 (three) days  from the day notice was sent, shall constitute receipt and acceptance of the notices sent to You.  

18.8 Non-compete and Non-solicit: You will not, directly or indirectly,

(i) solicit or attempt to solicit, induce or  recruit, engage or in any other way encourage Our employees, consultants, Vendors or Users to terminate  their respective engagements with Us and/ or engage with You and/ or any third party; or

(ii) engage in any  activity which is same or similar to the Platform or the Services. 

Indulge Global provides these Terms so that You are aware of the terms that apply to Your use and access  of the Platform. You acknowledge that, We have given You a reasonable opportunity to review these Terms  and that You have read, understood and unconditionally agreed to them

Last Updated on: 04-11-2022.