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Terms of Use

Last updated on 26th February 2016.

Ranger Apparel Export Private Limited (hereinafter “Company” “Us”, “Our” “We”, which shall mean and include its affiliates, successors and assigns) owns and operates this website, whether accessible on www.natty.in or such other URL as may be designated by Natty, or through a mobile application, if available, (“Website”).

Your (“User”, “You” or “Your”, which shall mean and include its legal heirs and representatives) use of the Website is subject to and governed by the following terms and conditions (“Terms of Use”) as applicable to the Website together with all policies, notices, guidelines, disclaimers that are published and shared with You from time to time which are incorporated herein by way of reference including but not limited to Our Privacy Policy, Report Abuse Policy, Terms of Sale, and such other terms as may be applicable to Us in Your capacity as a User of the Website. These Terms of Use shall be enforceable against You in the same manner as any other written agreement. User shall mean any person/ persons, who visits, uses, deals with and/ or transacts through the Website and includes a buyer, seller, guest user, and browser.

You must satisfy the following conditions to access, browse or otherwise use the Website:
• You must be a natural person who is atleast 18 years of age. If You are less than 18 years of age, please read through these terms of use with Your parent or legal guardian, and in such a case these terms of use shall be deemed to be a contract between the Company and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
• You must not misrepresent Your identity. You must not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity.
• If You are a seller, You shall offer Your products for sale on the website only if You have the necessary permits, licenses and registrations.
• The right to use the website is personal to the User and is not transferable to any other person or entity.
Accessing, browsing or otherwise using the website indicates Your acceptance to all the terms and conditions herein. If You do not agree to these Terms of Use, please do not use the website. You acknowledge and agree that by mere use of the website, You shall be contracting with the company and these Terms of Use constitute Your binding obligations with the Company. Please read these Terms of Use carefully before proceeding.
We shall have the right at any time to change or discontinue any aspect or feature of the Website, including but not limited to, content, hours of availability, and equipment needed for access or use, fees or charges. It is Your responsibility to review these Terms of Use periodically for any updates/ changes. Your continued use of the website subsequent to such changes will indicate and imply Your acceptance to such revisions.

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. About Us
The Company is, interalia, engaged in managing and operating the Website, which provides an online marketplace that facilitates purchase and sale of products including, but not limited to a variety of fashion and lifestyle products between buyers and sellers and provides incidental services on behalf of sellers. The Company is merely an intermediary and does not offer for sale any product under the Company’s name and/ or under a brand name owned by the Company.

For further information, please refer to the About section on the Website.

2. Definitions
2.1 “Account Information” shall mean and include certain information and details, including Your name, e-mail id, and any other information sought as part of the registration process deemed necessary by the Website.
2.2 “Materials” shall mean and include, but is not limited to, graphics, layout, text, content, instructions, images, audio, video, designs uploaded on the Website by the Company.
2.3 “Trademarks” shall mean and include Company marks, service marks, trade name and any other marks used by the Company whether now or in future.
2.4 “User Content” shall mean and include testimonials, reviews, comments, suggestions and other communication functionalities through which the Users may be provided with an opportunity to submit, post, display content and materials on the Website. User Content may also include information relating to products and policies uploaded on the Website, if the User is a seller.
2.5 “Viruses” shall mean and include viruses, trojans, worms, logic bombs or other materials that may be construed as being malicious or technologically harmful.

3. Account
3.1 If You wish to use the part of the Website that requires maintenance of a account on the Website (“Account”) such as, to buy products, adding products to a wishlist, providing testimonials and reviews, accessing certain content or uploading content on the Website, You will be required to furnish Account Information. You shall ensure that the Account Information is true, complete, accurate and up-to-date at all times. By providing Us with the Account Information, You consent to receiving communications including, but not limited to SMS, e-mails or phone calls from Us with respect to Your transaction on the Website or for any other purpose.
3.2 It is not compulsory for You to register on the Website. You shall be permitted to use, browse or search for products on the Website without an Account as a “Guest User”. However, without an Account, You shall have a restricted access to use and avail the services offered on the Website. Note that these Terms of Use are binding on Guest Users too.
3.3 If You are a seller who wishes to list, display, offer for sale Your products on the Website, You are required to follow the registration process (at www.natty.in/signup_seller), create an Account and comply with the terms of the Seller Agreement. The Company shall have the right to verify and approve Your Account Information and other details. You, as a seller, shall be permitted to sell Your products only after the Company’s approval.
3.4 You shall be responsible for maintaining the confidentiality and security of Your password and for all activities that occur in and through Your Account. You agree that you will not disclose Your password to any third party and that You will take sole responsibility for any activities or transactions under your Account, whether or not you have authorized such activities or transactions. You will immediately notify us of any unauthorized use of Your Account. Please note that We will not be liable for any such unauthorized use.
3.5 If You wish to terminate Your Account, You may send an e-mail to Us at care@natty.in requesting the same. Similarly, We may at Our discretion, suspend or terminate Your Account in accordance with Section 15 of this Terms of Use.

4. User Agreement
You agree to the following:
4.1 You will use the Website for lawful purposes only and comply with all applicable local, state, national and foreign laws, including but not limited to, data privacy, international communications laws and regulations, while using and transacting on the Website.
4.2 You will provide authentic and true information in all instances where such information is requested from You. The Company reserves the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found to be wholly or party untrue, the Company has the right in its sole discretion to reject the registration and restrain You from using the Website without any prior intimation.
4.3 You shall access the Website and transact at Your sole risk and shall use Your best and prudent judgment before entering into any transaction through this Website.
4.4 The Company will be entitled to seek damages and/ or be entitled to any other remedy available to it under the applicable law in the event of an unauthorised use by You.

5. Prohibited Use
The Website may only be used for lawful purposes. The Company specifically prohibits use of the Website for, and You agree not to use the Website for, any of the following purposes:
5.1 Copying, modifying, deleting, publishing, transmitting, distributing, displaying, performing, create derivative works on, or in any way exploiting, any of the Materials on the Website, in whole or in part, without Our prior written consent;
5.2 Subleasing, leasing, participating in the transfer of sale, selling, assigning, transferring, distributing, renting, permitting concurrent use of, or granting other rights to any Materials provided on the Website to any third party;
5.3 Downloading any Materials or User Content unless You see a ‘download’ or similar link displayed on the Website by reference;
5.4 Using any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, extract data from, copy or distribute the Materials or User Content on the Website (except as may be a result of standard Internet browser or search engine);
5.5 Accessing the Website through means other than through the interface that is provided by the Company;
5.6 Violating applicable laws, or any term(s) specified under the Terms of Use or any other Website policies;
5.7 Intentionally or unintentionally interfering with or violating any applicable laws related to the access to or use of the Website, violating any requirements, procedures, policies or regulations connected to the Website;
5.8 Engaging in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
5.9 Disrupting or interfering with the security of, or otherwise cause harm to, the Website, Materials, systems resources, or gain unauthorized access to, user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites, or any other data not intended for You. You further agree to the following to ensure the security of the Website:
5.9.1 You shall not misuse this Website by knowingly introducing Viruses. You must not attempt to gain unauthorized access to Our Website, the server on which the Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack.
5.9.2 We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any Material posted on it, or on any website linked to it.
5.9.3 You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.

6. User Content
6.1 We may provide You and other users with the opportunity to provide User Content.
6.2 Uploading User Content on the Website amounts to publishing the User Content, and by doing so You understand that all users visiting the Website will be able to view such User Content. The Company is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay You any compensation for any User Content; or (3) to respond to any User Content. The Company does not regularly review posted User Content, but reserves the right (but not the obligation) to monitor, edit or remove any User Content without prior intimation.
6.3 The Company does not assume any obligation of any kind to You or any third party with respect to any User Content. You specifically acknowledge that the Company shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any User or third party with respect to any User Content and that the risk of harm or damage from the foregoing shall rest entirely with You.
6.4 You grant the Company unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, publish, broadcast, modify, reformat, translate, archive, store, cache, make derivative works of, or otherwise use in any manner whatsoever, all or any portion of Your User Content for any purpose whatsoever in all formats, on or through any media.
6.5 You agree not to use or encourage, or permit others to use the Website to:
6.5.1 Make available any User Content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, harassing, libellous, vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or promoting discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
6.5.2 Intimidate, cause annoyance and/or harass another;
6.5.3 Incite others to commit violence and/ or is bigoted, hateful, racially, ethnically or otherwise objectionable;
6.5.4 Harm minors in any way;
6.5.5 Do anything unlawful, misleading, malicious, or discriminatory;
6.5.6 Make available any User Content in contravention of these Terms of Use or other Website policies, or any applicable law;
6.5.7 Make available any User Content that infringes on any intellectual property rights or other proprietary rights of any party;
6.5.8 Not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company without express written consent from the Company;
6.5.9 Not use any meta tags or any other “hidden text” utilizing the Website’s or Company’s name or trademarks without the express written consent of the Company;
6.5.10 Impersonate any person or entity, or falsely state or misrepresent Your affiliation with a person or entity;
6.5.11 Manipulate or disguise the origin of any of User Content including, falsifying or deleting any author attributions, legal or other notices or labels of the origin of the User Content or other material available on the Website;
6.5.12 Post anyone’s identification details and/ or sensitive documents or financial information on the Website;
6.5.13 Use any of the Company’s domain names as a pseudonymous return email address;
6.5.14 Download, save or otherwise transmit, any of the User Content available on the Website, in any manner;
6.5.15 Upload any User Content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

Any violation by You of this section may result in immediate suspension or termination of Your Account.

You acknowledge that We are only an intermediary with respect to all User Content. Nonetheless, on receiving written notification of alleged infringement of third party intellectual property rights by any User Content, We may, at Our own discretion, remove the allegedly infringing User Content from the Website with or without prior notice to You, as the owner of the User Content. If We do not take down the same, You, as the owner of the User Content, must agree to remove or delete such infringing User Content or terminate Your account with Us. You hereby waive any legal or equitable rights or remedies You have or may have against Us with respect thereto. Please refer to our Report Abuse Policy for the procedure adopted by Us for such take down of allegedly infringing User Content.

7. Personal Information
The Company respects the privacy of all its Users. The Privacy Policy of the Company, succinctly provides the manner in which User data is collected and used by the Company. As a visitor to the Website, a User is advised to read the Privacy Policy carefully. By accessing the Website, You agree to the collection and use of Your information by the Company in the manner provided in the Privacy Policy.

8. License and Website Access
The Company grants You a limited sub-license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by the Conpany.

9. Monitoring
All electronic communications including, but not limited to, the communications between the Users through the internal messaging service available on the Website, and content presented and/or passed to Us, including that presented and/or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of the Company in the exercise of their duties, or by law enforcement authorities who may be assisting the Company in investigating possible contravention or non-compliance with applicable law. Electronic communications and content may be examined by manual or automated means. The Company has the right, at its sole discretion, to reject from the Website any electronic communications or content deemed to not to be in compliance with the policies and procedures of the Company.

10. Intellectual Property
10.1 The Website and all Materials, excluding User Content, that are uploaded on the Website by Us, unless otherwise stated, are owned, controlled or licensed by Us, Our subsidiaries or affiliates. Any and all rights to use any Materials not expressly granted to You under this Terms of Use are hereby reserved by Us, Our members, subsidiaries, affiliates or licensors.
10.2 The Company is the sole owner of the Trademarks. You agree not to interfere with Our rights in the Trademarks, including challenging Our use, registration or application to register the Trademarks, anywhere in the world, and that You will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of the Company.
10.3 This Website is operated by and is the sole property of the Company. Any and all Materials, Trademarks, domain name, trade dress including the look, feel and design of the Website interfaces, etc., and the selection and arrangements thereof, on this Website are protected by copyrights, trademarks, and other applicable intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Website. Modification of the Materials on the Website or use of the Materials by You for any purpose, except as permitted by the Company, is a violation of the said copyrights, Trademarks and other intellectual proprietary rights and is expressly prohibited.
10.4 All third party Trademarks advertised or displayed on the Website belong solely to the respective third party and We do not have any rights over such third party trademarks.
10.5 We respect the intellectual property rights of others, and We expect Our Users to do the same. Therefore, as a matter of policy, any User Content uploaded on the Website, should be original material created by You or validly licenced to You. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the User Content You submit; and You license to Us all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Website or otherwise pursuant to these Terms of Use. The Company may, at its sole discretion, take such steps including that of terminating Your Account if You violate others’ intellectual property rights in any manner.
10.6 You are requested to report any violation of rights, or misuse of the Trademarks or any other intellectual property rights on the Website, by writing to Us at care@natty.in.

11. Changed Terms
The Company shall have the right at any time to change or modify the Terms of Use applicable to User’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

12. Disclaimer and Liability
12.1 All Materials and User Content on the Website is provided to You on an ‘as is’ basis. You agree that Your use of the Website shall be at Your sole risk. All necessary and reasonable care has been taken to ensure that the information on the Website is correct and error free. We apologize for any inadvertent errors that may have occurred during Your use of the Website.
12.2 We have taken all reasonable steps but We do not make any warranty whatsoever, whether express or implied, relating to reliability, accuracy, completeness, timeliness, performance, fitness for a particular purpose, functionality, safety, merchantability, quality, suitability, legality of the products listed or transacted, or the content (including product, pricing and/or specifications) of the the Website at any particular time or location. Further, We cannot guarantee that any or all defects will be corrected as per Your expectations. Note that, Your access to the Website may be occasionally suspended or restricted to allow repairs, maintenance, or introduction of new services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
12.3 To the fullest extent permitted by applicable law, the Company, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the Website and Your use thereof. The Company excludes all conditions, terms or representations about the accuracy or completeness of this Website's Materials and User Content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from Our Website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Our Website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Materials and User Content posted, emailed, transmitted, or otherwise made available via the Website.
12.4 The Company is further not responsible for any advertisement, representation, offer, warranty etc. displayed and/ or exhibited by other users of the Website.
12.5 We shall neither be liable nor responsible for any actions or inactions of any other User(s) nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on the Website.
12.6 Your obligations under this clause shall survive the termination of these Terms of Use.

13. Indemnity
13.1 You agree to defend, indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, successors, assigns, licensors, any of their respective officers, directors, employees and agents, vendors, licensors, representatives, advertisers, service providers and suppliers 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 to the Website; (ii) Your violation of any term of these Terms of Use or any other Website policy; (iii) Your violation of any third party right, including without limitation any intellectual property rights or privacy rights; (iv) or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by You on the Website.
13.2 You hereby expressly release the Company, its affiliates and/or any of its officers and representatives from any cost, direct, indirect, incidental, special, punitive or consequential damages, liability or other consequence of any of the actions or inactions of the other Users and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
13.3 We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and Us when You commenced using the Website.

14. Links to Third Party Websites
14.1 The Website may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You do so at Your own risk. We do not in any way endorse the linked websites.
14.2 Similarly, this Website can be made accessible through a link created by other websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of Our Website or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website, is utilized to visit this Website and such event is brought to the notice or is within the knowledge of the Company, civil or criminal remedies as may be appropriate shall be invoked.

15. Termination
15.1 We shall terminate Your Account if You breach any provisions of this Terms of Use. By breaching the provisions of this Terms of Use, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Website will cease immediately.
15.2 If it is determined that You have violated any of these Terms of Use and/or if You have violated any applicable law, in addition to termination of Your Account, We reserve the right to suspend Your use of and prohibit access to any or all features or parts of the Website. Any such suspension or termination of access to Website may be effected by Us without providing You with a prior written notice in this regard.
15.3 Upon termination of Your Account or prohibition of Your use of the Website, all rights granted by Us to You to use the Website will automatically terminate and We shall have no further obligation or liability towards You.
15.4 You acknowledge and agree that, upon termination, You shall immediately destroy any copies made of any portion of the content contained on the Website. You acknowledge and agree that the Company shall not be liable to You or any third party claiming through You, for any suspension or termination of access to Website.
15.5 Upon termination of Your Account, You shall not create a new Account and use the Website with Your details and/ or with the details of any other user.
15.6 Your Account may also be terminated due to technical errors in the Website. You can notify Us of the same at care@natty.in so we can review and take measures, at our sole discretion.

16. Governing Law and Jurisdiction
This Terms of Use shall be construed in accordance with the applicable laws of India. The Courts at Bangalore, India shall have exclusive jurisdiction in any proceedings arising out of this Terms of Use.

17. Notifications
If You wish to subscribe to Our newsletter(s) or receive notifications or e-mails from Us, We will use Your name and latest e-mail address provided by You in this regard. However, You may choose to stop receiving Our newsletters by following the instructions to unsubscribe as included in these e-mails or You can contact Us at care@natty.in.

18. Severability
If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

19. No Waiver
The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

20. General
20.1 You cannot assign or otherwise transfer the Terms of Use, or any right granted hereunder to any third party. These Terms of Use comprise the full and complete agreement between You and the Company with respect to the use of the Website and supersedes and cancels all prior communications, understandings and agreements between You and the Company, whether written or oral, expressed or implied with respect thereto.
20.2 If there is any conflict between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence, except as set forth below;
20.2.1 Between the Privacy Policy and this Terms of Use, the Privacy Policy shall take precedence but only to the extent of the conflict;
20.2.2 Between the Terms of Sale and any other part of these Terms of Use, the Terms of Sale shall take precedence but only to the extent of the conflict;
20.2.3 Between the Seller Agreement and any other part of these Terms of Use, the Seller Agreement shall take precedence but only to the extent of the conflict.