Papaaya Swimwear Terms Of Use

These terms of use (“Terms”) govern your 

1. access to use www.papaayaswimwear.com (“Website”) and it’s mobile and tablet applications; 
2.  the purchase of products (“Products”) via the Website, or purchase orders placed through Social Media, or offline on phone or chat or through Papaaya Swimwear’s customer service team (“Platforms”) which are all platforms managed by Papaaya Swimwear, a Partnership company
3.  the purchase of Products, and any other service that may be provided by Papaaya Swimwear from time to time (collectively referred to as the “Services”).

These Terms, read together with the (i) Privacy Policy, (ii) Payment Terms, (iii) Delivery, (iv) Shipping and Returns constitute a legal and binding agreement between Papaaya Swimwear and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”).

Please read the Terms carefully before purchasing any products or availing any services on any asset of Papaaya Swimwear.   Any purchase made by you through the Website or through any other asset shall signify your acceptance of the Terms and your agreement shall be legally bound by the same.

If you do not agree to these Terms, you are advised not to access the Website nor proceed with either purchasing the Products or using the Services.  These Terms shall be accepted without modification.  The use of the Services would constitute acceptance of these Terms.

I. BUSINESS

1. The Website is a platform that facilitates the online sale and purchase of merchandise and services (“Services“).

    

2. Papaaya Swimwear has the right to change or discontinue any service at any time, without notice. Papaaya Swimwear may add or modify the procedures, modes, processes or conditions of purchase at any time. Papaaya Swimwear shall not be liable to you or to any third party for any modification, suspension or discontinuance of any aspect of the services.

II. PRODUCTS AND SERVICES

1. The Website enables the sale of Products.  Shipping for the Products shall be as per the Website’s shipping policy, which may be changed by the Website from time to time.

    

2. In case you receive a damaged product, please get in touch with Papaaya Swimwear’s customer service on 9004986838 or write to Papaaya Swimwear on papaayaswimwear@gmail.com. The damage will be assessed and a solution will be offered.  The product may be replaced or other corrective measure may be taken to address the issue.

    

3. In case the product is out of stock, Papaaya Swimwear’s customer service team will get in touch with you and a refund request will be raised.  For paid orders, the refund will be processed directly into your debit/ credit card or online account. The money will reflect on your card or in your bank account within 7 to 21 working days from when the refund request was raised.  

    

4. You should take all responsibility for your own actions in utilizing the products purchased by you; Papaaya Swimwear shall not be liable for any such action.

    

5. Papaaya Swimwear shall not be responsible for any deficiency in payment of consideration payable towards the products purchased on the website.

III. USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

1. You represent that you are of legal age to enter into and form a binding contract and are not a person barred from receiving services under the laws as applicable in India.

    

2. Papaaya Swimwear reserves the right to terminate your membership and refuse to provide you with access to the Website if it is discovered that you are under the age of 18 years.  You are solely responsible for maintaining the confidentiality of your User ID and Password.  You are responsible for all activities that occur under your User ID and Password.

    

3. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by you as a visitor or user of a third-party site through which you access the Website.  If you provide any information that is untrue, inaccurate, not current or incomplete, Papaaya Swimwear has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, Papaaya Swimwear has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

    

4. You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that:
   
   a. belongs to another person and to which you do not have any right to;

    

   b. is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
   
   c. harm minors in any way;

   d. infringes any patent, trademark, copyright or other proprietary rights;

   e. violates any law for the time being in force;

   f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

   g. impersonate another person;

   h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

   i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
   
   5. That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that Papaaya Swimwear shall in no manner be held responsible for the same.

IV. YOUR ACCOUNT

In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India.  You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form.  If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Papaaya Swimwear has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).  If you use the Website, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by Papaaya Swimwear.  Because of this, Papaaya Swimwear strongly recommends that you exit from your account at the end of each session. You agree to notify Papaaya Swimwear immediately of any unauthorized use of your account or any other breach of security. Papaaya Swimwear reserves the right to refuse service, terminate accounts, or remove or edit content in Papaaya Swimwear’s sole discretion.  Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only.  Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

V. YOUR INFORMATION

1. You are solely responsible for any information you provide to Papaaya Swimwear or other users of the Website such as in the registration process, chat service etc. or through any e-mail feature (“Your Information”), and in accordance with certain features of the Website, Papaaya Swimwear may only act as a passive conduit for your online distribution and publication of Your Information.

    

2. You shall not host, display, upload, modify, publish, transmit, update or share any information or share or list(s) any information or item that:

a. belongs to another person and to which You does not have any right to;

b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c. harms minors in any way;

d. infringes any patent, trademark, copyright or other proprietary rights

e. violates any law for the time being in force;

f. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g. impersonate another person;

h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

j. creates liability for Papaaya Swimwear or causes Papaaya Swimwear to lose, in whole or in part, the services of Papaaya Swimwear or other suppliers; and/ or

k. Papaaya Swimwear deems inappropriate for any reason whatsoever.

       3. The Website may provide Users with the ability to send email messages to other Users and non-users and to post messages on the Website.  Papaaya Swimwear is under no obligation to review any messages, information or content (“Postings”) posted on the Website by users and assume no responsibility or liability relating to any such Postings. Notwithstanding the above, Papaaya Swimwear may from time to time monitor the Postings on the Website and may decline to accept and/ or remove any email or Postings that violate the provisions of this Clause; and

      4. Solely to enable Papaaya Swimwear to use the information you supply Papaaya Swimwear with, you agree to grant Papaaya Swimwear a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.  Papaaya Swimwear will only use your Information in accordance with these Terms and/ or Papaaya Swimwear’s  Privacy Policy.

      5. As applicable, the information collected by Papaaya Swimwear shall be used to contact you about the website and website related news and services available on the website; monitor and improve the website; calculate the number of visitors to the website and to know the geographical locations of the visitors; update you on all the special offers available on the website and provide you with a better shopping experience.  This includes sending emails intimating the various offers on the website.  You may at any time choose to unsubscribe from such email. Some of your information may be shared with and used by third parties who shall need to have access to information, such as courier companies, credit card processing companies, vendors etc. to enable them and Papaaya Swimwear to perform their duties and fulfil your order requirements.  Papaaya Swimwear does not allow any unauthorized persons or organization to use any information that Papaaya Swimwear may collect from you through this website.  However, Papaaya Swimwear is not responsible for any information collected or shared or used by any other third party website due to your browser settings.

      6. Papaaya Swimwear reserves the right to share any of your personal information to comply with the orders of subpoenas, court orders or other legal process.  Your Personal Information may be disclosed pursuant to such subpoenas, court order or legal process, which shall be without notice to you.

      7. Papaaya Swimwear may share collective information such as demographics and website usage statistics with Papaaya Swimwear’s sponsors, advertisers or other third parties (such third parties do not include Papaaya Swimwear’s marketing partners and network providers).  When this type of information is shared, such parties do not have access to your Personal Information.  When you contact Papaaya Swimwear through any means such as chat/email, Papaaya Swimwear reserves the right to include your email ID for marketing communications.  You can unsubscribe from such communications anytime you wish to do so.

VI. EQUIPMENT

1. Papaaya Swimwear shall not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website.

    

2. You shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Website and all charges related thereto.
   
3. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that Papaaya Swimwear shall not be liable for any damages of any kind related to your use of this Website.

    

VII. COLOURS

While Papaaya Swimwear has made every effort to display as accurately as possible the colours of the products that appear on the Website, Papaaya Swimwear cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.

VIII. ELECTRONIC COMMUNICATIONS

1. As a condition of purchase, the Website requires your permission to send you administrative and promotional emails.  Papaaya Swimwear will send you information regarding your account activity and purchases, as well as updates about Papaaya Swimwear’s products and promotional offers.  You can opt-out of Papaaya Swimwear’s promotional emails anytime by clicking the unsubscribe link at the bottom of any of Papaaya Swimwear email correspondences. The offers made in any promotional messages sent via emails /SMS/MMS shall be subject to change at the sole discretion of Papaaya Swimwear and Papaaya Swimwear owes no responsibility to provide you any information regarding such change.
2. You agree that all agreements, notices, disclosures and other communications that Papaaya Swimwear provides to you electronically satisfies any legal requirement that such communications be in writing.
   
   

IX. LICENSE AND WEBSITE ACCESS

Papaaya Swimwear grants you a limited license to access and make personal use of the Website and the Service.  This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any Content available through the Website; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Papaaya Swimwear’s sole discretion) an unreasonable or disproportionately large load on Papaaya Swimwear’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.  You may not bypass any measures used by Papaaya Swimwear to prevent or restrict access to the Website.  Any unauthorized use by you shall terminate the permission or license granted to you by Papaaya Swimwear 

X. LINKS

1. The Website or third parties may provide links to other World Wide Web sites or resources. Because Papaaya Swimwear has no control over such Websites and resources, you acknowledge and agree that Papaaya Swimwear is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

    

2. You further acknowledge and agree that Papaaya Swimwear shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party website or resource.

    

PRICING AND BILLING

1. The price of Papaaya Swimwear’s merchandise as mentioned on the Website is the Maximum Retail Price (MRP) for the said product.  Such MRP shall be inclusive of all taxes as are applicable in India. The tax rate applied and charged upon the order shall include combined tax rate for both state and country tax rates. Papaaya Swimwear reserves the right to collect taxes and/ or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay.

    

2. Papaaya Swimwear strives to provide you with the best prices possible on products and/ or services, however, Papaaya Swimwear does not guarantee that the price will be the lowest in the city, region or geography.  Prices and availability are subject to change without any prior notice.  The prices mentioned on the Website are not subject to comparison with the same or similar product(s) and/ or service(s) available through any online or offline sale.  The prices shall be determined only at Papaaya Swimwear’s sole discretion.

    

3. While Papaaya Swimwear strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Papaaya Swimwear may, at Papaaya Swimwear’s discretion, either contact you for instructions or cancel your order in accordance with the Clause XII ‘Cancellation by Papaaya Swimwear’ below. Papaaya Swimwear shall have the right to modify the price of the product and contact you for further instructions.

XII. CANCELLATION BY Papaaya Swimwear

1. Due to unavoidable circumstances, there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Papaaya Swimwear reserves the exclusive right to refuse or cancel any order for any reason.  Some situations that may result in your order being cancelled by Papaaya Swimwear shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by Papaaya Swimwear’s credit and fraud avoidance department or any defect regarding the quality of the product.
2. Papaaya Swimwear may, at its own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Papaaya Swimwear shall contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
3. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days.  Any type of voucher used in these orders shall be returned and made available to the User in case of cancellation by Papaaya Swimwear.

    

XIII. CANCELLATIONS BY THE USER

1. In case of requests for order cancellations, Papaaya Swimwear reserves the right to accept or reject requests for order cancellations for any reason.

    

2. As part of usual business practice, if Papaaya Swimwear receives a cancellation notice and the order has not been dispatched, Papaaya Swimwear shall cancel the order and refund the entire amount. Papaaya Swimwear shall not be able to cancel orders that have already been dispatched. Papaaya Swimwear shall have the full right to decide whether an order has been dispatched or not.

    

3. The User agrees not to dispute the decision made by Papaaya Swimwear and accepts Papaaya Swimwear’s decision regarding the cancellation.

    

XIV. FRAUDULENT AND DECLINED TRANSACTIONS

1. Fraudulent Transactions – Papaaya Swimwear may constantly monitor Users’ accounts in order to avoid fraudulent accounts and transactions.  Users with more than one account or availing Papaaya Swimwear’s services fraudulently shall be liable for legal actions under applicable law and Papaaya Swimwear reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Website fraudulently.  Papaaya Swimwear reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or missions in breach of these terms and conditions.  In the event of detection of any fraudulent transaction, prior to initiation of legal actions, Papaaya Swimwear reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, Papaaya Swimwear shall owe no liability for any refunds.

    

2. Declined Transactions –  Papaaya Swimwear, 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.

    

XV. CREDIT CARD DETAILS

You might be required to provide your credit or debit card details to the approved payment gateways while making the payment.  In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing services on the website.  You shall not use the credit/ debit card that is not lawfully owned by you.  The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.  You will be solely responsible for the security and confidentiality of your credit/ debit card details. Papaaya Swimwear expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

XVI. WARRANTIES AND LIABILITY

1. All information, content, materials, products (including software) and services included on the Website, obtained from a website to which the Website is linked (“Linked Website”) or otherwise made available to you by Papaaya Swimwear are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. Papaaya Swimwear makes no representations or warranties of any kind, express or implied, including but not limited to: the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy; the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Website, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.

    

2. Papaaya Swimwear does not endorse and are not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Website by any party other than Papaaya Swimwear, (b) any content provided on Linked Websites, or (c) the capabilities or reliability of any product or service obtained from a Linked Website.  Other than as required under applicable consumer protection law, under no circumstance shall Papaaya Swimwear be liable for any loss or damage caused by a User’s reliance on information obtained through the Website or a Linked Website, or User’s reliance on any product or service obtained from a Linked Website.  It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Website, or obtained from a Linked Website.  Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

    

3. Papaaya Swimwear does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.

    

4. Though Papaaya Swimwear shall make all endeavour to protect the Website from any viruses or other illegal use of the Website.  However, Papaaya Swimwear does not warrant that this Website; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; its servers; or electronic communication sent from Papaaya Swimwear are free of viruses or other harmful components.  Nothing on the Website constitutes, or is meant to constitute, advice of any kind.

    

5. Limitation of Liability – You expressly understand and agree that Papaaya Swimwear, its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, special, punitive, consequential, or exemplary damages, damages for loss of profits, opportunity, goodwill, use, data or other tangible losses whether or not foreseeable or whether or not Papaaya Swimwear has been advised of the possibility of such damages and losses, unless otherwise specified in writing.

    

XVII. INDEMNITY

You shall to the fullest extent indemnify, defend and hold harmless Papaaya Swimwear, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Papaaya Swimwear that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms or any additional terms applicable to the purchase of products, or your violation of any law, rules or regulations or the rights of a third party or any damage to life and/or property caused by the products delivered.

XVIII. SHIPPING AND DELIVERY

1. Papaaya Swimwear endeavours but does not guarantee to deliver the products in the stipulated time period as mentioned on the purchase of the product.  In no manner can the contract be repudiated if Papaaya Swimwear fails to deliver any one or more products in the stipulated time frame.

    

2. In case you book multiple orders for the products and services in one transaction, efforts shall be made to ship all products together.  However, this may not always be possible. Papaaya Swimwear reserves the right to make delivery of the goods by instalments.  If the goods are to be delivered in instalments, each delivery shall constitute a separate contract. You may not treat the contract as a whole as repudiated if Papaaya Swimwear fails to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.  If you fail to take delivery of the goods, Papaaya Swimwear may at its discretion charge you for the additional shipping cost.

    

3. Please note that Papaaya Swimwear insures each purchase during the time it is in transit until it is delivered to your specified delivery address. Papaaya Swimwear requires a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient for delivery purposes, for example as a gift, then you accept that evidence of a signature by them, or at that delivery address, is evidence of delivery and fulfilment by Papaaya Swimwear of its obligation, and transfer of responsibility in the same way. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Papaaya Swimwear shall not be responsible for any delays caused by third party delivery agencies and/ or due to time required for statutory clearances during the delivery process.

    

4. Papaaya Swimwear may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:

a. unavailability of the relevant product;

b. poor, improper, and/ or defective quality of the relevant product ascertained through Papaaya Swimwear quality audit process; and

c inaccuracies or errors in product or pricing information.

In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.  Further, in the event Papaaya Swimwear is unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/ debit card, the amount paid by you while placing the order(s) on the Website shall be reversed back in your card account.

5. Your shipping address and pin code shall be verified with Papaaya Swimwear’s database before you proceed to pay for your purchase. If your location is not covered by Papaaya Swimwear, Papaaya Swimwear may request you to provide alternate shipping address which is on Papaaya Swimwear’s delivery partner’s delivery list. If there is any dispute regarding the shipment of the products or services for the area not covered by Papaaya Swimwear, Papaaya Swimwear shall not be held responsible for the non-delivery of the product.

    

XIX. RETURN POLICY

1. Papaaya Swimwear shall make all endeavours to deliver defect free products to purchasers.  Papaaya Swimwear shall not take title to any returned items purchased by the user unless the item is received by Papaaya Swimwear.

    

2. Upon receiving your complaint, Papaaya Swimwear shall verify the authenticity and the nature of the complaint and if Papaaya Swimwear is convinced that the complaint is genuine Papaaya Swimwear shall place an order for a replacement. If the complaint is frivolous or baseless, Papaaya Swimwear reserves the right to take legal actions against you and you will be solely liable for all costs incurred by Papaaya Swimwear in this regard.

    

3. In order to return any products, you are required to comply with the conditions as follow:

a. Please notify Papaaya Swimwear of receipt of a damaged or defective product within 48 of its receipt. If you are unable to do so within 48 hours, Papaaya Swimwear shall not be held liable for the failure to replace the order even in case the said product has been wrongly delivered;

b. Products should be unused and unwashed;

c. Papaaya Swimwear will arrange a pick-up of all products. If Papaaya Swimwear is unable to do so, Papaaya Swimwear will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice.  Courier freight charges will be reimbursed in such a form as is determined by the logistics team upon prior consultation with Papaaya Swimwear;

d. Products should be returned in their original packaging along with the original price tags, labels, barcodes, and invoices etc.;

e. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage to products during transit;

f. The returned products are subject to verification and checks by Papaaya Swimwear in order to determine the legitimacy of the complaint and/ or return.  If the claim is not legitimate, you will be required to bear the shipping costs for the product; and

g. These conditions will not apply to products where the defects could not, using reasonable diligence, be discovered, at the time of delivery.

       4. If a product returned is duly accepted by Papaaya Swimwear, the value of said product, as originally paid by you will be refunded in the form of a store credit voucher.

       5. A promo code, once used shall not be refunded in case of cancellation of order either by you or Papaaya Swimwear

       6. No Compensation Policy: If the quality of any products, services, information, or other material purchased or obtained by you through the website did not meet your expectations, no compensation will be given other than the return, credit voucher or exchange of the product. The customer cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with Papaaya Swimwear’s delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Papaaya Swimwear holds the rights to cancel orders and block accounts of such customers without any prior notice.

XX. COUPONS, GIFT CARDS, OFFERS, CONTESTS & PROMOTIONS

1. Contests, and Promotions

• Papaaya Swimwear shall introduce various offers, promotions, contests from time to time.  The terms and conditions for these shall be separately called out and Papaaya Swimwear reserves right to change, modify, add, and/ or delete any of terms and conditions on such contests or promotions at its discretion at any time without prior intimation.
• While participating in such contests or promotions, you hereby agree to release and hold Papaaya Swimwear harmless from any claims or demand.
• Winners to contests will be decided by the team at Papaaya Swimwear and Papaaya Swimwear is not obliged or required to disclose the mechanism of the same.
• Papaaya Swimwear reserves the right to vary any of the terms and conditions of the contest and the decision of Papaaya Swimwear shall be valid and binding on the contestants.
• All personal information collected, in the course of this contest shall be kept confidential.  Papaaya Swimwear shall use such information for communicating various marketing and promotional activities, subject to the contestant’s choice to receive such communications, while entering the contest.  The participant’s profile must be public.  Entries from private profiles can’t be viewed and therefore will be considered invalid.
• If Papaaya Swimwear regrams or shares any participants photo that does not mean that participant is a winner. A participant will only be considered a winner once Papaaya Swimwear explicitly declares the same.
• Entries being featured on Papaaya Swimwear Instagram handle and Facebook page are entirely up to the discretion of Papaaya Swimwear . 

If any entry is found to have abusive and profane language, or an attempt to attack the integrity, personality of any individual or an entity or where there is any attempt to harass any individual or entity or doing/having anything which in Papaaya Swimwear’s view is demeaning or derogatory, such entry shall stand disqualified and or deleted from the contest and content.

• All other terms and conditions on the website www.papaayaswimwear.com , not in conflict with these terms and conditions, shall prevail.
• All dispute based on this contest is subject to arbitration and jurisdiction of all such dispute shall be within the Courts of Mumbai, Maharashtra.
• Any contest is void where prohibited by law.

      2. Coupons and Gift Cards

• Gift Cards are a prepaid instrument subjected to regulations by the Reserve Bank of India (RBI) (“Gift Card”). Papaaya Swimwear will be legally required to share the details of the purchase of Gift Cards and the transactions undertaken using the Gift Cards.  The issuer is also required to share the Know Your Customer (KYC) details of the purchaser/ redeemer of the Gift Cards with the RBI or such statutory authorities as per statutory guidelines issued from time to time.  Papaaya Swimwear may contact the purchaser of the Gift Cards in this regard.
• There is no fee or other charges associated with the purchase of Gift Cards.
• Gift Cards cannot be used to purchase other Gift Cards.
• Coupons and/ or Gift Cards can be redeemed against the defined purchase amount.
• Gift Cards cannot be redeemed for cash or credit.
• You are solely responsible for the safety and security of the Gift Cards.
• The number of the Gift Cards are confidential.  In the event of any misuse of a Gift Card due to loss of any such confidential details due to the fault of the purchaser, Papaaya Swimwear shall not be held responsible for the same and no refund can be issued to such purchaser of the Gift Card.
• Coupons and/ or Gift Cards are valid for a predefined and specified Term only. New Gift Cards or Coupons cannot be provided against the expired and/ or unused Gift Cards.
• Coupons and/ or Gift Cards can be redeemed multiple times against the defined purchase amount.
• If the order value exceeds the Gift Card amount, the balance must be paid by credit card, debit card or through internet banking.
• Coupons and/ or Gift Cards code cannot be clubbed with any existing or running offer on the website.
• In case of any dispute Papaaya Swimwear’s liability is limited to the coupon code amount or the actual amount of purchase made on the website.
• Papaaya Swimwear has the right to withdraw or amend the offer at any point without any prior notice.

   

XXI. INTELLECTUAL PROPERTY RIGHTS

1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Papaaya Swimwear owns all intellectual property rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, information, content, graphics, icons, and hyperlinks (“Content”). You acknowledge and agree that you shall not use, modify, copy, reproduce, distribute, transmit, display, publish, sell, license, create derivative works of, any Content in whole or in part from the Website belonging to Papaaya Swimwear without obtaining authorization from it or use any Content in whole or in part available on or through the Website for commercial or public purposes.  If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material.

    

2. Papaaya Swimwear does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.

    

3. The User shall not upload post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.  The User hereby grants Papaaya Swimwear, the right to edit, copy, publish and distribute any material made available on the Website by the User.  By submitting material to any public area of the Website, the User warrants that the owner of such material has expressly granted Papaaya Swimwear the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) throughout the universe and/ or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.  The User also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use.

    

4. The foregoing provisions of this Intellectual Property Rights Clause XXI apply equally to and are for the benefit of Papaaya Swimwear, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

    

5. Trademarks–The trademarks, logos and service marks (“Marks“) displayed on the Website are Papaaya Swimwear’s property and/ or the property of the respective persons and shall not be deemed to be in the public domain. Users are prohibited from using any Marks for any purpose whatsoever without prior written permission from Papaaya Swimwear or from such third party which may own such Marks.

    

6. Papaaya Swimwear respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any intellectual property right infringement, please address a complaint to Papaaya Swimwear by way of an email as provided in the ‘Contact Us’ section of the Website.

XXII. COOKIES

1. Cookies are small pieces of information saved by your browser onto your computer. Cookies are used to record various aspects of your visit and assist Papaaya Swimwear to provide you with uninterrupted service. Papaaya Swimwear does not use cookies to save personal information for outside uses.
2. Papaaya Swimwear has implemented Google Analytics features based on Display Advertising (Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting). Visitors can opt out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.  Papaaya Swimwear, along with Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies together to report how Papaaya Swimwear’s ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to Papaaya Swimwear’s Website.

    

XXIII. GENERAL

1. Breach –

• In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if Papaaya Swimwear is unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or for Papaaya Swimwear, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily or indefinitely suspend or terminate or block your membership, and/ or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with Papaaya Swimwear or use the Website in any manner whatsoever until such time that such user is reinstated by Papaaya Swimwear.

   

• Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, Papaaya Swimwear reserves the right to recover any amounts due and owing by you to Papaaya Swimwear and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
  
• Any breach of any applicable local laws of India shall also result in, without prior notice immediately the limitation of your activity, removal of your information, temporary or indefinite suspension or termination or block of your membership, and/ or refusal to provide you with access to this Website.
  
  

        2. Severability–Papaaya Swimwear reserves the right to make changes to Papaaya Swimwear’s Website, policies, terms of service, and these Terms at any time. If any clause of these Terms shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms.

       3. Waiver–The failure by Papaaya Swimwear to enforce at any time or for any period any one or more of the Terms shall not be a waiver by Papaaya Swimwear of them or of the right to at any subsequent time to enforce all Terms.

       4. Force Majeure–Failure on the part of Papaaya Swimwear to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against Papaaya Swimwear or be a breach hereunder to the extent that such failure arises from an event of force majeure. If through force majeure the fulfilment by either party of any obligation set forth in these Terms will be delayed, the period of such delay will not be counted on in computing periods prescribed by these Terms. Force majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of Papaaya Swimwear that directly or indirectly hinders or prevents Papaaya Swimwear from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.

        5. Notices–Except as explicitly stated otherwise, any notices shall be given by postal mail to your mailing address or to the email address you provide to Papaaya Swimwear during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively Papaaya Swimwear may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Papaaya Swimwear during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

        6. Termination–Papaaya Swimwear may terminate these Terms at any time. Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms.

       7. None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Papaaya Swimwear and you shall have no authority to bind Papaaya Swimwear in any manner whatsoever.

       8. These Terms set forth the entire understanding and agreement between you and Papaaya Swimwear with respect to the subject matter hereof.

       9. In Papaaya Swimwear’s sole discretion, it may transfer its rights and obligations under these Terms without your prior express consent.

       10. If you breach these Terms, and the Privacy Policy or the documents they incorporate by reference and Papaaya Swimwear takes no action against you, Papaaya Swimwear shall still be entitled to use Papaaya Swimwear’s rights and remedies in any other situation where you breach the aforesaid.

XXIV. ARBITRATION

If any dispute arises between you and Papaaya Swimwear during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Papaaya Swimwear. The place of arbitration shall be Mumbai, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

XXV. Governing Law

The Terms, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the courts at Mumbai.