Terms & Conditions
1. USE OF THE PLATFORM
Welcome to www.divaspopupofficial.com ("Site" or "DIVAS POPUP" or "DIVAS POPUP" or "DIVASPOPUPOFFICIAL").
The website www. divaspopupofficial.com is owned and operated by Divya Gupta. You may be accessing our Site from a computer or mobile phone device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access.
The platform is only to be used for your personal, non-commercial use and information. Your use of the services and features of the platform shall be governed by these Terms and Conditions (hereinafter "Terms of Use"), along with the Privacy Policy, Shipping Policy, and Cancellation, Refund, and Return Policy (together "Policies"), as modified and amended from time to time.
By merely accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the policies, whether you have read the same or not. Accessing, Browsing, or otherwise using the platform indicates your unconditional agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform. You are responsible for ensuring that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material.
DIVAS POPUP reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and at its sole discretion. If DIVAS POPUP decides to change the Terms of Use or Policies, DIVAS POPUP will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies, whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
2. PRIVACY PRACTICES
We understand the importance of safeguarding your personal information and we have formulated a Privacy policy to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by DIVAS POPUP by the terms of and purposes outlined in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of DIVAS POPUP.
3. YOUR ACCOUNT
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. DIVAS POPUP or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, and password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature
If you are accessing, browsing, and using the Site on someone else's behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. If the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Us' Information provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to DIVAS POPUP
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in DIVAS POPUP's best interests to do so. You are solely responsible for all contents that you upload, post, email, or otherwise transmit via the Site. The information provided to us shall be maintained by us by our Privacy Policy.
4. PRODUCT & SERVICE INFORMATION
DIVAS POPUP attempts to be as accurate as possible in the description of the products on the platform. However, DIVAS POPUP does not warrant that the product description, colour, information, or other content of the Platform is accurate, complete, reliable, current, or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.
DIVAS POPUP reserves the right to correct, change, or update information, errors, inaccuracies, or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to the pricing and availability of the product or services.
5. PRODUCT USE & SERVICES
The products and services available on the Platform are for your personal and/or professional use only. The products or services which you may receive from us, shall not be sold or resold for any/commercial reasons.
6. RECOMMENDATION OF THE PRODUCT & SERVICES
Any recommendation made to you in the Site during your use of the Site is purely for informational purposes and for your convenience and does not amount to an endorsement of the product or services by DIVAS POPUP or any of its associates in any manner.
7. PRICING INFORMATION
DIVAS POPUP strives to provide accurate product and pricing information, however, errors may occur.
DIVAS POPUP cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 8 (Cancellations, Refunds, and Returns) below, if a product/service is listed at an incorrect price or with incorrect information due to any technical error, DIVAS POPUP shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. If an item is wrongly priced, DIVAS POPUP may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted, and DIVAS POPUP will have the right to modify the price of the product/ service and contact you for further instructions using the email address provided by you during the time of registration or placing of the order, or cancel the order and notify you of such cancellation. If DIVAS POPUP accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed before DIVAS POPUP dispatches the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit/debit card account.
Prices and availability of the products and services provided or offered on the site are subject to change without prior notice and at the sole discretion of DIVAS POPUP. DIVAS POPUP may revise and cease to make available any product/ services at any time. In the event, that DIVAS POPUP is unable to deliver the product to you on time or at all, you will be notified by email and your order will be automatically cancelled due to the unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. DIVAS POPUP shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
8. CANCELLATIONS, REFUNDS AND RETURNS
Please refer to our Cancellation, Refunds, and Returns Policy provided on our Site.
9. MODE OF PAYMENT
Payments for the products available on the Site may be made in the following ways:
Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-gift cards, and reward points.
Credit card, Debit Card, and Net Banking payment options are instant payment options and are recommended to ensure faster processing of your order.
Cash On Delivery option is not available for orders outside India.
10. SHIPPING AND DELIVERY
Please refer to our 'Shipping and Delivery Policy' provided on our Site, as amended from time to time.
11. CHAT FUNCTIONALITY
The Chat Functionality has been provided to help you with any Site-related queries. Any use of this service shall be subject to the following conditions:
DIVAS POPUP may suspend the chat service at any time without notice.
DIVAS POPUP or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
Communication through chat may be stored by DIVAS POPUP for future reference, and the user of such service will not have the right to access such information at any future date.
While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
The chat room shall not be used to sell any products, to give suggestions on business opportunities, or any other form of solicitation.
You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.
12. USER CONTENT
The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos, or other materials transmitted, uploaded, posted, emailed, or otherwise made available to us ("User Content "), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that belongs to another person and to which the user does not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, 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.
DIVAS POPUP shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. DIVAS POPUP does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity, or quality of User Content is not guaranteed by DIVAS POPUP. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will DIVAS POPUP be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against DIVAS POPUP for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You hereby acknowledge that DIVASPOPUP has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, DIVASPOPUP has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at divaspopup.social@gmail.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 21 business days to process your deletion request.
13. INTELLECTUAL PROPERTY RIGHTS
The "DIVAS POPUP" name and logo and all related product and service names, design marks, and slogans are the trademarks, logos, or service marks (hereinafter referred to as "Marks") of DIVAS POPUP. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of DIVAS POPUP or others, are the intellectual property of their respective owners, and DIVASPOPUP shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
DIVAS POPUP and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software, and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement, and assembly ) of the content on the Site is the exclusive property of DIVAS POPUP and is protected by Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing, or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips, and written and other materials that are part of this Site (collectively, the "Contents ") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, nontransferable, and non-exclusive license to create a hyperlink to the homepage of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless DIVAS POPUP explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed, and/or other intellectual property owned, controlled or licensed by DIVASPOPUP, any of its affiliates or by third parties who have licensed their materials to DIVAS POPUP and are protected by Indian copyright laws and international treaties.
14. LIMITED LICENSE DIVAS POPUP
DIVAS POPUP grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by the Site and its affiliates.
DIVAS POPUP reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access to the Site.
15. REPRESENTATIONS AND WARRANTIES
This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. DIVAS POPUP shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.
DIVAS POPUP shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. DIVAS POPUP does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
DIVAS POPUP through the Site intends to provide its users with general information about fashion, clothing, and lifestyle. The Site encourages its users to interact with DIVAS POPUP and its employees by asking questions that enable the user to obtain information of a general nature about fashion & related topics. The postings on the Site or on social networking sites, including the Site's Facebook page, or any information provided over chat or emails exchanged with DIVAS POPUP, its employees, or representatives (collectively referred to as "Information ") which is in furtherance of any communication made by the user with DIVAS POPUP, its employees or representatives is based on the background provided by the user. While DIVAS POPUP takes reasonable care to ensure that the Information is accurate, DIVAS POPUP makes no representation and takes no responsibility for the accuracy, completeness, appropriateness, or usefulness of the Information. In the event any user relies on the Information provided by DIVASPOPUP or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will DIVAS POPUP, its employees, representatives, or affiliates be liable for the Information or the consequences of relying on such Information.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.
16. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The site is presented "as is." neither we nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of DIVAS POPUP. we make no representations or warranties that defects or errors will be corrected.
Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether, in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed. you agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. if you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy. we have no other obligation, liability, or responsibility to you.
This disclaimer constitutes an essential part of this Terms of Use.
17. LINKS AND THIRD PARTY SITES
References on the Site to any names, marks, products or services of third parties or hypertext links to third-party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply DIVAS POPUP endorsement, sponsorship, or recommendation of the third party, information, product, or service or any association and relationship between DIVAS POPUP and those third parties.
DIVAS POPUP is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. DIVASPOPUP does not assume any responsibility for examining or evaluating the offerings of the off-website pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
18. TERMINATION
These Terms of Use are effective unless and until terminated by either you or DIVASPOPUP.
You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. DIVASPOPUP may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.
Upon any termination of the Terms of Use by either you or DIVASPOPUP, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.
19. INDEMNITY
You agree to defend, indemnify, and hold harmless DIVAS POPUP, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to DIVAS POPUP or any third party including but not limited to the breach of any warranties, representations or undertakings or concerning the non-fulfillment of any of your obligations under the Terms of Use, or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, the claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.
20. GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall be construed by the applicable laws of India. For proceedings arising therein, the Courts at New Delhi shall have exclusive jurisdiction. This document is an electronic record in terms of the Information Technology Act, of 2000, and the amended provisions of electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in New Delhi.
Without any prejudice to particulars listed in Clause 13 above, DIVAS POPUP shall have the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, the International arbitration rules of the Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be New Delhi.
22. ENTIRE AGREEMENT
If any part of these Terms of Use is determined to be invalid or unenforceable according to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and DIVAS POPUP concerning the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
DIVAS POPUP's failure to act concerning a breach by you or others does not waive its right to act concerning the breach or subsequent and similar breaches.
24. CONTACT INFORMATION & GRIEVANCE
Any grievances you have by way of use of the website can be addressed to 'Customer Care' by way of email. The 'Customer Care' shall thereafter consider the same and respond within one month of the date of such complaint/ grievance Customer Service & Enquiries
E-mail id: divaspopup.social@gmail.com
Phone: +91-9818966199