This document is an electronic record in term of the Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and any/all rules made thereunder, including but not limited to those prescribed under different statutes pertaining to electronic records as applicable and amended from time to time.
User by accessing, browsing or using the Platform/Services including the Registered Account (as defined below) Users, by providing any information through the Platform/Services, impliedly or expressly, hereby accepts these Terms and enters into a binding agreement with Indulge Global. It is thereby acknowledged that the User has read and understood these Terms, and is bound by them, regardless of how the User or anyone on the User’s behalf has accessed or used the Platform/Services. If the User does not want to be bound by these Terms, they must not browse, access and/or use the Platform/Services in any manner whatsoever.
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.
9.1 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.
12.1 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.
13.2 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.
16.1 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.
18.1 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 email@example.com
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.