PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY GREENSOLE (“FOUNDATION”). BY AGREEING TO THESE TERMS AND CONDITIONS AND USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
"Agreement” means this Terms of Service;
“Buyer(s)” shall mean and include any legal person, entity, business place or users, or any designated employee of the business place/entity, who desire to purchase Products or Services listed by the Company;
"Content" shall mean and include any content, including the Products listed by the Seller;
“Order” or “Transaction” shall refer to the order placed by the Buyer to purchase the Products listed by the Seller and shall include the purchase, payment, delivery, and other connected matters;
“Party/party” shall mean and include the Company, Buyers, Users, Registered Users and any other person who agrees to be bound by this Agreement;
“Product(s)” shall mean and include all physical goods, digital goods, products, packages, services or any information in connection therewith, listed by the Seller under User Submission for sale, or usage by the Buyers.
“Registered User” shall mean and include all those, registered on the Website by providing the information mandated by the Website;
“Seller” shall mean the entity named Greensole whose products are listed on the website;
"User/user", "You/you", "Your/your" means any natural or legal person who browses, accesses or uses the Website and/or has agreed to become a buyer (or customer) on the Website by providing the registration data while registering on the Website as Registered User using the computer systems;
"Use/use" or "Using/using" means to browse, access, view, copy, avail Services, purchase Products or other benefits from using the Website;
"Website" means domain name "https://www.greensole.com/", owned and operated by the Company.
"We", "Company", "us" and "our" means the Company and its affiliates, officers, employees, agents, partners, and licensors.
1. Access to the services
The Greensole Website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by the Company in connection therewith (collectively, the “Website”) are owned and operated by the Company. Subject to the terms and conditions of this Agreement, the Company may offer Seller to use the Services for providing or listing certain Products, as described more elaborately on the Website, and that have been selected by you (together with the Website, the “ Services”), solely (whether or not) for your own use, and not for the use or benefit of any third party. The Company reserves the right, to change, suspend or discontinue the sale of such Products at any time, including the availability of any feature, database, or Content.
The Company reserves the right to prevent you from using the Website and the Service (or any part of them) and to prevent you from making any transaction on the Website. The Company reserves the right in its sole discretion to accept/refuse /reject registration or acceptance of Order placed using the Services or part thereof, without any obligation of explanation.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Products, Services, Content or Product Information available through this Website meet your specific requirements.
1.1 Eligibility to Use
You represent and warrant to the Company that: (i) you are an individual or a legal person, who is at least 18 years old; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.
This Agreement or required Content of this Agreement shall be considered void, where prohibited by law, and the right to access the Services is revoked in such situations and jurisdictions. We reserve the right to terminate your membership/registration and/or refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are under the age of 18 years.
You represent and warrant to Company that: (i) you are of legal age and you can form a binding contract with us and you are not prohibited by law (of your respective country) from accessing or using the Services; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. If you believe that we might have any information from or about a child under 18, please contact us at [email protected]
2. Services Content
The Services and its Contents, including the Products are intended solely for the personal use by the Users and may only be used in accordance with the terms of this Agreement. All Products or materials displayed on the Website or during the performance of the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions)) are protected by copyright, owned by Greensole.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services provided on the Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever, any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party rights.
The Services provided whether or not as a collective work and/or compilation, are protected pursuant to the copyright laws, international conventions, and other intellectual property laws of the territory where the Services are performed. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may not download or copy the Content (and other items displayed on the Services) for any unauthorized use. You shall not store any significant portion of any Content in any form unless permitted under this Agreement. Copying or storing of any Content is expressly prohibited without prior written permission from the Company or from the copyright holder identified in such Content’s copyright notice. In the event, you are linked to the Website, Company shall reserve the right to revoke your rights and link at any time, at the Company’s sole discretion. The company reserves the right to provide consent for approving your request or rejecting your request for linking before or at the time of linking to the Website.
If you purchase a Product on the Website, after making the appropriate payments, you will be deemed to be a “Buyer” with respect to that Product and you will have (and the Seller is hereby granting you) the exclusive right to use that Product for non-commercial purposes.
3. Warranty Disclaimer
The Company has no special relationship with you or any fiduciary duty towards you. You acknowledge that Company has no control over, and no duty to take any action regarding which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain or direct you to websites containing, information that some people may find offensive or inappropriate.
The Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.
THE SERVICES, CONTENT, WEBSITE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND FROM THE COMPANY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
The Company, its affiliates, officers, employees, agents, partners, and licensors make no representations or warranty of any kind, express or implied, including but not limited to, that (i) the Services of the Website will meet your requirements or set standard of expectations (ii) the Services of the Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such Services will be accurate or reliable; (iv) the quality of any Products, Services, Product Information or other Content will meet your expectations or requirements.
5. Registration and Security
As a condition to using some aspects of the Services, you may be required to register with Company and select a password and user name (“User ID”) and for such purposes, you will be referred to as a Registered User.
The Company reserves the right to store, evaluate, analyze, verify, and authenticate the information and data provided by the User. You are required to fill your data accurately and precisely while filing the information for placing an order for Products.
In addition, you acknowledge that we have the right to disclose the information (if required) provided by you to the law enforcement authorities whether or not for any investigation purposes.
You agree to indemnify, defend, and hold harmless the Company (‘Greensole’), its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your registered account (including negligent or wrongful conduct) by you or any other person accessing the Site using your registered account with us.
7. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT OR FOR ANY LOSS OF PROFITS, REVENUES OR USE, OR THE LOSS OR CORRUPTION OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, STATUTORY OR INDIRECT DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF THESE DAMAGES. THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY WHETHER LIABILITY ARISES FROM BREACH OF THIS AGREEMENT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OPERATION OF LAW, EQUITABLE THEORY OR OTHERWISE. THE AGGREGATE LIABILITY OF THE COMPANY HEREUNDER WILL IN NO CASE EXCEED THE LESSER OF INR 100 OR THE FEES PAID BY YOU TOWARDS THE USAGE OF THE SERVICES / WEBSITE FOR THE LAST TRANSACTION; FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS; OR FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. IN CONDITIONS WHERE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE-MENTIONED LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE SERVICES, ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITMENT TO PERFORM SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE WEBSITE IS NOT HACK PROOF. THE WEBSITE AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
8. Fees and Payment
You can place the order for the Products listed by the Seller at a price as shown or provided by the Seller. You need to place an order by making payment through available or provided payment modes. Prices listed are in Indian Rupees (unless specified) and are subject to change from time to time, at the sole discretion of the Seller.
User understands and acknowledges:
- That upon placing an Order you are entering into a legally binding and enforceable contract with the Seller to purchase the Products and /or services from the Seller using the payment facility, and You shall pay the price as listed on the Website through any such instrument as provided used for the payment, to the Seller using payment facility.
- That You shall be entitled to claim a refund of the Order placed (as Your sole and exclusive remedy) in case You do not get the confirmation of the Order placed. In case you do not raise a refund claim within the stipulated time then, Company does not take the responsibility of the refund to be received by You, from your issuing bank.
- That Company undertakes the utmost care to provide a secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.
- That the User shall provide accurate payment details to the secure payment system for making purchases on the Website.
- The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order.
- The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User’s credit/ debit card.
- That the User undertakes all payments subject to own risk and volition.
- The Company shall not be liable for any loss or damage that occurred to User arising directly or indirectly due to the decline of authorization for any transaction malfunction, errors, and/or unscrupulous activities.
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit.
9. Returns, Exchange, Refund and Cancellation
Return/Exchange: You may return/exchange the shoes in an unworn condition if you have any size issues, looking for a different style or for any other reason. All the shipping expenses for picking up the shoe and sending a new one are taken care of by Greensole.
For return or exchange, please email us at [email protected] within 10 days of delivery to schedule the return or exchange.
Cancellation: You may make a request for cancellation of the order placed for a Product any time within 24-hours from the allotted date of order. You may email us at [email protected] and cancel your order. We will initiate your refund after we have confirmation on the order canceled by you.
Refund: All refunds will be processed within 10 days after the refund confirmation email from Greensole.
10. Feedback and Queries
In case a Product appears out of stock, feel free to write to Greensole at any of the contact information provided herein in order to get notified about the re-stocking of the said Product.
Where you post any review, submission, feedback, or comment or any statement of such nature on the related link, such content shall be posted publicly on the Site on the sole discretion of Greensole and shall not be subject to any alteration or modification or moderation by Greensole or its members. You agree that Greensole is free to use any comments, information or ideas contained in any communication you may send to the Site or submit to the Site without notice, compensation or acknowledgment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.
Greensole does not and cannot review all communications and materials posted to or created by you who is using or accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute (for non-commercial purposes) the contents of the Site, the Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user-related content or activities on the Site. You may not post or otherwise distribute content to the Site which Greensole in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property rights of another, invasive of privacy or publicity rights, in violation of any other right of Greensole or another party, illegal, or otherwise objectionable to Greensole.
11. Interaction with Third Parties
The Company has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, the Company will not and cannot monitor, verify, censor, or edit the content of any Third Party Service. By using the Services, you expressly relieve and hold harmless the Company from any and all liability arising from your use of any Third Party Service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release the Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
All notices addressing to the Company will be served by email or by general notification on the Website. Any notice provided to Company pursuant to the Terms should be sent to support services at [email protected]
We have and continue to have the right to modify, change or update this Terms of Service and any other policies as provided on the Website, at any time by reasonably highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. You are advised to keep a regular check and update on the Policy updates on the Website.
14. Compliance with laws
Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the Rules made thereunder, Foreign Contribution Regulation Act, 1976 and the Rules made thereunder, Income Tax Act, 1961 and the rules made thereunder, Export-Import Policy of the government of India) applicable respectively for using payment facility and our Website.
15. Force Majeure
Without limiting the foregoing, under no circumstances shall the Company, its affiliates, officers, employees, agents, partners, and licensors be held liable for any damage or loss, penalty due to delay or deficiency in the performance of the Website and Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air..
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with the Company’s prior written consent.
The Company may transfer, assign, or delegate this Agreement and its rights and obligations without any consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.
Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You and the Company agree there are no third-party beneficiaries intended under this Agreement.
17. Arbitration and Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Mumbai, India in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and any amendments thereof by one or more arbitrator(s) appointed mutually by the parties in accordance with those regulations. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Mumbai, India.
18. Copyright Dispute Policy
The Company has adopted the general policy towards copyright infringement in accordance with Rule 75 of Copyright Rules, 2013 (available at http://www.prsindia.org/uploads/media/Copyright%20rules,%202013/Copy%20Right%20Rules,%202013.pdf ).
19. Takedown Procedure:
If the user claims that the Content posted on the Website is infringing any copyright owned personally, the user is required to give a written complaint with all the required particulars mentioned under sub-rule (2) of Rule 75 of the Copyright Rules, 2013, which includes namely:
- the description of the work with adequate information to identify the work;
- details establishing that the complainant is the owner or exclusive licensee of the copyright in the work;
- details establishing that the copy of the work which is the subject matter of transient or incidental storage is an infringing copy of the work owned by the complainant and that the allegedly infringing act is not covered under section 52 or any other act that is permitted under the Act;
- details of the location where transient or incidental storage of the work is taking place;
- details of the person, if known, who is responsible for uploading the work infringing the copyright of the complainant; and
- undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of twenty-one days from the date of receipt of the notice.
The complaint can either be e-mailed to us at [email protected] or sent in hard copy to the contact address mentioned in the Company’s Website.
If we are satisfied from the details provided in the complaint that the copy of the work is an infringed copy, we shall take necessary steps and measures to refrain from facilitating the alleged infringed content and take down the content within 36 hours in accordance with sub-rule (3) and (4) of Rule 75 of the Copyright Rules, 2013. However, we shall refrain from facilitating the content in dispute only for a statutory period of twenty-one days from the date of receipt of the complaint or till we receive an order from the competent court restraining us from doing do, whichever is earlier.
We shall not be under any obligation whatsoever, to respond to any further notice sent by the same complainant on the same work in the same location if he/she fails to produce the orders of the competent court having jurisdiction within the stipulated period mentioned above.
If you have any questions, complaints, or claims with respect to the Services, you may contact us at [email protected] Our physical address is mentioned at greensole.com/p/Contact-Us/.
© 2020 Greensole. All Rights Reserved.
Last updated: Jul 21, 2020