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TERMS

 VELVETRY INC. TERMS AND CONDITIONS

 

INTRODUCTION:

 

Velvetry is a brand owned by Velvetry Inc.  

 

Registration with Velvetry entitles a member to gain access to the services offered by Velvetry including but not limited to access to some of the best designs and couture wear from many upcoming and established fashion and accessory designers. In addition, the website also caters to a specific requirement of a customer by customizing to their requirements. All this whilst you sit in the comfort of your homes acquainting us with your requirements and voila- have your dream designer outfit/accessory and/ or a custom made outfit delivered to your doorstep.

 

Registration with our website i.e. www.velvetry.com by opening an account and/ or making purchases on the said website signifies the customer’s acceptance of these detailed terms and conditions embodied hereunder and as setout herein and as may be amended from time to time.

 

TERMS & CONDITIONS

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND THE SERVICES AVAILABLE THROUGH THIS WEBSITE. By using or downloading information from this website, you represent that you have read and understand these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions, in whole or in part, please do not continue to use this website since your continued use (including, but not limited to, placing an offer on a product) constitutes acceptance of these Terms and Conditions.

 

 

 

  1. Changes to these Terms and Conditions.

Velvetry Inc. (“Velvetry”, “us” or “we”) may modify these Terms and Conditions at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this website following the posting of changes will indicate your acceptance of those changes.

 

  1. Velvetry as a Facilitator.

Velvetry acts as an online marketplace that allows designers and boutiques (collectively, “Sellers”) a platform to advertise and sell apparel, fashion accessories, handbags, and shoes to buyers (“Buyers”) like you. Velvetry is not directly involved in the transaction between Buyers and Sellers and is not liable for any such transaction. Velvetry has no control over the quality, safety, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. Velvetry will, however, use its best efforts to work with you and a Seller to resolve any dispute you may have with respect to a product you purchased using this website.

 

  1. Products, Content and Specifications

All features, content, specifications, products, services, and prices described or depicted on this website are subject to change at any time without notice.

 

  1. Accuracy of Information

We attempt our best at ensuring that information on this website is complete, accurate and current. However, despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. We make no representation regarding how current, complete or accurate any information is on this website and have the absolute right to cancel or correct any order for a product due to errors including, but not limited to, errors in pricing.

 

 

  1. Use of this website

The website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this website are either the property of, or used with permission by, Velvetry and are protected by copyright, trademark and other laws and treaties and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You may not run or display this website or any material displayed on this website in frames or through similar means without Velvetry’s prior written permission.

You shall not upload to, distribute, or otherwise publish through the website any content, information or other material (a) that violates, misappropriates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) that is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable law; (c) that includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; (d) that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website; (e) such as a robot, spider or other automatic device, process or means to access the website for any purpose, including to monitor or copy any of the material on the website; and (f) that otherwise attempts to interfere with the proper working of the website. We will have no liability related to the content of any of the foregoing materials, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

 

  1. Purchases

As far as the purchases made by the customer on the website are concerned, the following terms must be noted:

READY TO WEAR PRODUCTS

Items that are Ready-to-Wear may be returned for a store credit only. Customers must contact Velvetry at info@velvetry.com within 48 hours of receiving the item and convey an intention to return the item. Velvetry will provide the customer with a return label promptly, after which the customer has up to 3 days to courier the item to be returned, at their cost, to Velvetry’s designated address in U.S.A. The Customer can thereafter use the store credit so granted to him/ her to buy any other product/ products on Velvetry’s website. It is made abundantly clear that in respect of Ready to Wear items, no money refund will be provided to the customer.

 

MADE TO MEASURE PRODUCTS AND ACCESSORIES

Items that are Made-to-Measure Products and accessories may be returned for a refund or a store credit only in cases where the product/s accessory is found to have manufacturing defects including incorrect color or size, or not arriving in the condition advertised. Velvetry shall in its sole discretion be permitted to determine if the Made-to-Measure Product and/ or accessory has manufacturing defects including incorrect color or size, or if the said product and/ or accessory has not arrived in the condition advertised. Customers must contact Velvetry at info@velvetry.com within 48 hours of receiving the item and convey an intention to return the said item. Once such Made-to-Measure Product/ accessory is delivered to Velvetry, Velvetry shall examine the same to see if indeed the said Made-to-Measure Product/ accessory suffers from any manufacturing defects, as aforesaid. The decision of Velvetry in this regard shall be final and binding on the customer. In the event Velvetry does come to the conclusion that the Made-to-Measure Product/ accessory does indeed suffer from manufacturing defects, as alleged, then it shall intimate the customer about its findings and the Customer can thereafter either seek a full money refund for the same or choose to seek a store credit to buy any other product/ accessory on Velvetry’s website. In a situation where Velvetry reaches a conclusion that the Made-to-Measure Product/ accessory does not suffer from the manufacturing defect, as has been alleged by the customer, the customer shall be required to take back its Made-to-Measure Product/ accessory from Velvetry, at its own cost. However, in a situation where Velvetry does reach a conclusion that the Made-to-Measure Product/ accessory does suffer from a defect as has been alleged by the customer, Velvetry will provide the customer with a return label promptly, after which the customer has up to 3 days to courier the item to be returned, at Velvetry’s cost, to

As aforesaid, in the event Velvetry reaches a conclusion that the Made-to-Measure Product/ accessory is indeed defected, as alleged by the customer and the customer chooses to seek a full money refund, the same will be refunded to him/ her by Velvetry within a period of 45 days from the date of the defected Product/ accessory reaching Velvetry’s designated address in U.S.A. and the same being accepted by Velvetry as having manufacturing defects including incorrect color or size, or not arriving in the condition advertised.

In the event, the customer chooses to opt for a store credit i.e. to use the monies so spent on the defected Made-to-Measure product/ accessory on Velvetry’s website to buy other products/ accessories, then such customers shall be entitled to a 10% discount on their next purchase/s limited to the extent that their store credit can buy on Velvetry’s website. It is specifically clarified that this 10% discount, as aforesaid, in this paragraph shall be available only under the circumstances mentioned in this paragraph and not under any other situation and/ or for Ready-to-Wear Products.

If the next such purchase of the customer is less than the total store credit that the customer purchases on Velvetry’s website, then the balance points will be credited to the customer’s account to be used by the customer.

If the purchase of the customer is more than the total store credit that the customer purchases on Velvetry’s website, then the customer shall be liable to pay the balance over and above the store credit that he/she has is entitled to.

All store credit points shall be valid for a period of only 1 (one) year from the date of the same being credited to the customer’s account.

In the event of the Made-to-Measure Product/ accessory being defected and upon the same being accepted by Velvetry, the customer also has an option of seeking to get the defect rectified or seek an identical replacement, provided the Designer/ Accessory Designer is willing to provide the same. This shall, if opted for, be endeavored to be done on an expedited basis by Velvetry.

 

 

  1. General Terms and Conditions relating to deliveries

Velvetry reserves the right to withdraw any of the services and/or to refuse to supply the services requested by a customer depending on the exigencies of the situation and the circumstances.

 

If Velvetry is unable to deal with any request, it will inform the customer as soon as reasonably practicable.

 

There may arise a situation where a designer/ accessory designer may impose their own terms and conditions. In such a scenario customers would be required to comply strictly with the same.

 

Customers are liable to bear all costs pertaining to all applicable taxes on all the Products they order from our website.

 

Once an order is placed with our website, a customer can cancel the order within a period of 24 hours from the time of placing such an order and/ or before the said order is processed by Velvetry i.e. setting in motion the system to give effect to the order, whichever is earlier. Any such request for cancellation will be reviewed on a case by case basis and Velvetry’s decision in relation to the same shall be final and binding on the customer and all concerned.

 

Once an order is placed with our website and processed, a customer shall not be entitled to cancel the same. In the event that the customer does cancel any such request already placed with our website and which has been processed by Velvetry, then such member shall be liable to bear all charges, etc. arising out of such cancellation.

 

Telephone calls to Velvetry may be monitored or recorded for purposes of confirmation of the request by Velvetry and for training and quality control purposes.

 

Any Products/ accessories purchased through Velvetry will be subject to the terms and conditions of the designer/ accessory designer respectively. Please note that Velvetry only acts as an introductory agent/ facilitator on behalf of the designer/ accessory designer. All rights and remedies that any customer may have would be against the relevant designer/ accessory designer and not against Velvetry.

 

  1. Account Information.

You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to immediately notify us of any unauthorized use of your password or any breach of security and accept responsibility for all activities and purchases that occur under your account or password. You must keep your account information up-to-date and accurate at all times, including a valid email address and credit card.

 

  1. DISCLAIMERS OF WARRANTIES

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. VELVETRY PROVIDES THE MATERIALS AND SERVICES ON THIS WEBSITE ON AN "AS IS" AND “AS AVAILABLE” BASIS. VELVETRY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DUE TO THE COMPLEX NATURE OF SOFTWARE AND THE INTERNET, WE DO NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THIS DISCLAIMER OF WARRANTY DOES NOT DIMINISH ANY WARRANTY THAT A THIRD PARTY SELLER MAY PROVIDE DIRECTLY TO YOU FOR A PRODUCT PURCHASED ON THIS WEBSITE.

 

  1. LIABILITY AND LIMITATIONS OF LIABILITY

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, FROM THIS WEBSITE. IN NO EVENT WILL INVENTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, PRODUCTS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OF IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. OUR TOTAL AGGREGATE LIABILITY TO YOU WITH RESPECT TO THIS WEBSITE AND ANY MATERIALS, PRODUCTS OR SERVICES PURCHASED, PROVIDED OR ACCESSIBLE THEREIN IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID TO US FOR PURCHASES ON THIS WEBSITE DURING THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, DAMAGE, CLAIM OR LOSS OR $100. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

Velvetry warrants to the member that Velvetry shall use its reasonable endeavors to provide the services offered on its website with reasonable care and skill and, as far as reasonably possible, in accordance with the customer’s request and instructions from time to time. Customers are aware and are hereby informed that Velvetry only does the job of facilitating the customer in procuring and getting the Products requested for by the customer as listed on our website. Velvetry will use reasonable care in selecting the designers/ accessory designers and in ensuring the order is placed in accordance with the customer’s wishes and specifications. For the avoidance of doubt, Velvetry does not and will not provide any representations or recommendations in relation to any of the information, quality of product or service offered by such designers/ accessory designers. The customers are deemed to be responsible for, and shall use their own skill and judgement as to, the quality, value and suitability of such information and suggestions in relation to deciding whether to order from any such designer/ accessory designer.

 

Velvetry hereby disclaims any and all liability for any act or omission of any such designer/ accessory designer or any loss incurred by the customer as a result of any act or omission of such designer/ accessory designer whether or not arranged through Velvetry.

 

Velvetry accepts no liability for any losses or claims arising from any inability to access their website, call-centre, etc. or any failure to complete any transaction.

 

Velvetry shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from the customer’s reliance upon the information and suggestions provided by Velvetry hereunder and the resulting supply of Products to the customer by any designer/ accessory designer.

 

Velvetry shall have no liability to any customer for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the customer which are incomplete, incorrect or inaccurate or or any other fault attributable to such member.

 

Velvetry shall not be liable to any member or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of Velvetry’s obligations in relation to the services offered on its website, if the delay or failure was due to any cause beyond Velvetry's reasonable control.

 

  1. INTELLECTUAL PROPERTY

 

Velvetry Inc. is the sole owner/proprietor of all Intellectual Property Rights in the Trademark Velvetry (logo and word per se). Velvetry is also the sole and exclusive owner of all the copyright subsisting in connected designs, logos, graphics, etc.

 

By agreeing to these Terms and Conditions, the customer is not deemed to be entitled by implication or otherwise to any rights in Trademarks belonging to Velvetry Inc. or any part of such Trademark.

 

Any resale of any of the Products and/or attempt use these services for any commercial gain, by any customer/ person shall constitute a violation of the Intellectual Property Rights of Velvetry Inc. and shall render such member/person liable for legal action, not limited to infringement/actions, under the Governing Law.

 

The customer agrees and undertakes that it shall neither claim any interest nor purport to claim for themselves directly or indirectly any rights to the Intellectual Property Rights owned by Velvetry Inc.

12.Trademarks

Certain trademarks, trade names, service marks and logos (collectively, “Marks”) used or displayed on this website are the exclusive property of Velvetry and/or our affiliates. Other Marks used or displayed on this website are the property of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without our written permission or the written permission of such third party owner.

 

  1. Third Party Links

This website contains links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this website and your use of the linked website will be governed by that website’s terms of use and privacy policy. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

 

  1. User Information

Velvetry welcomes comments and other submissions from the users of our website. Any comments, suggestions, ideas or any other materials submitted to Velvetry, either online, offline or posted on this website (collectively, “User Communications”), will become Velvetry’s property upon its submission or posting. Velvetry shall be entitled to unrestricted use of the User Communications including, without limitation, to promote and market the Velvetry brand, products, and services for any commercial or noncommercial use we deem appropriate, without compensation to the provider of the User Communications. None of the User Communications shall be subject to any obligation of confidence on the part of Velvetry, and Velvetry shall not be liable for any use or disclosure of any User Communications. Notwithstanding the foregoing, any personal information you submit to Velvetry will be held in confidence by us as set forth in our Privacy Policy. This submissions policy is intended to avoid the possibility of future misunderstandings when projects developed by Velvetry’s staff might seem to others to be similar to their own creative work.

 

We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. You represent and warrant that you own or otherwise control all of the rights to the comments and other User Communications that you post on the website and that use of your comments or other User Communications by Velvetry does not and will not infringe upon, misappropriate or violate the rights of any third party. We retain the right to remove any User Communications, in whole or in part, for any or no reason.

 

15.Legal Age

Our services are available only to, and may only be used by, individuals who are of an age to form a legally binding contract under applicable law. If you are located in the United States, you must be at least 18 years old to use this website. You represent and warrant that you are of legal age and that all registration information you submit is accurate and truthful.

 

  1. Use of website Outside the U.S.

We control this website from our offices within the State of New York, USA. Although accessible by others, this website and its content are intended for access and use by U.S. residents. We make no representation that the content of the website is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this website including any purchases made through this website.

 

  1. Copyright Infringement Notices

We respond to clear notices of alleged copyright infringement. This section describes the information that should be included in these notices. The form of the notice described below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website, www.copyright.gov). Our response to notices alleging infringement may include removing or disabling access to allegedly infringing material and terminating users access to our website on a case by case basis. If we remove or disable access in response to a notice, we will make a good-faith attempt to contact the provider of the affected content so that they may make a counter notification. In addition to being forwarded to the person who provided the allegedly infringing content, a copy of the notice may be sent to a third party and may be published and annotated.

To file a notice of infringement with us, you must provide the notice by email or regular mail and include the items specified below. You may be held liable for damages (including costs and attorneys’ fees) if you misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material on the website infringes your copyright, we suggest that you contact an attorney. Your notice must include the following (please use the following format, including section numbers):

A clear identification of the copyrighted work you claim was infringed.

A clear identification of the material you claim infringes the copyrighted work identified under a above, and information that will allow us to locate that material on the website (such as a link to the material).

Your name, and contact information sufficient to permit us to contact you in response to your complaint, preferably including, at a minimum, an email address and telephone number.

Include the following statement: “I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

Sign the notice.

Send the notice to the following address:

Velvetry Inc

157 East 32nd Street, Apt 14A

New York, NY, 10016

USA

OR email to: info@velvetry.com / Priyanka.jaswal@velvetry.com

Attn: Velvetry DMCA Notices

The provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

It is to be specifically understood that while we may make a bonafide and good faith effort to remove any infringing links, we are not obligated in any manner to conduct an inqury as aforesaid and/ or act upon all complaints received by us. However, in the event of receiving any order, judgement, etc. from any court of competent jurisdiction to remove and/ or act in any manner on any material on our website, we will act expeditiously to fully comply with the requisitions as mandated under the said order/ judgement, under legal advice from our lawyers. Velvetry shall always abide fully by all binding orders/ judgements passed b courts of competent jurisdiction, under advice from our lawyers.

 

  1. General Provisions

These Terms and Conditions and our Privacy Policy, are the entire agreement between Velvetry and you relating to your access or use of this website and any purchases made therein. No failure or delay on the part of Velvetry to exercise any right, power or remedy under these Terms and Conditions shall operate as a waiver; nor shall any single or partial exercise by Velvetry of any right, power or remedy under these Terms and Conditions preclude any other or further exercise of any right, power or remedy.

 

  1. Choice of Law; Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. By using this website, you unconditionally agree to submit to the jurisdiction of the state and federal courts located in New York, New York, USA.

 

  1. CURRENCY

All amounts stated on this website are in U.S. dollars.

  1. TERMINATION

We may suspend or terminate your account or your use of this website at any time, for any reason of misuse of the website by you or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice. Our decision regarding your misuse of the website will be final and binding. You will however be subsequently informed about the reason of the suspension and/ or termination of your account by us.

In the event of your account on the website being terminated by reason of misuse by you of any feature on the website, then all existing orders and store credit points may also be deemed to lapse as per our discretion and a considered call will be taken on the same by our management. You will be informed of this decision by our management.

In the event of your account being suspended and/ or terminated for no reason of misuse attributable to the customer, then in such an event, all existing orders i.e. orders placed prior to such suspension and/ or termination shall be fully given effect to and you shall be entitled to receive the products/ accessories, as ordered by you, prior to suspension and/ or termination of your account. Also, in such a scenario, you shall be entitled to redeem all your store credit points within a period of 1 (one) year or such shorter period as may be mandated by us.

 

  1. SEVERABILITY

If any term or condition of these terms and conditions shall be deemed to be invalid, void, illegal or unenforceable for any reason, that term or condition shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

 

  1. ADDITIONAL ASSISTANCE

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our customer service department at info@velvetry.com.

 

24.COMMUNICATION & NOTICE

All Communication and Notices to and from a customer shall be by email or post.

 

Velvetry shall send all such communications to the email addressand/ or postal address provided to Velvetry.

 

Customers may send any communication or notice to Velvetry by contacting the number provided on Velvetry’s website.

 

The email/postal address provided by the customertour website will be the only address at which Velvetry will be required to communicate with the customer. It is therefore imperative for a member to intimate any change or alteration in such email/postal address to Velvetry diligently and immediately upon any such change.

 

  1. DISCLAIMER

The customer hereby expressly agrees that use of our website is entirely at their own risk. Velvetry makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the website, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities and/or delivery arrangement and times.

 

Velvetry does not warrant that the functions provided by the website will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components.

 

Velvetry Inc. its directors, employers, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct or indirect) or towards expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon our website.

 

  1. FORCE MAJEURE

 

Velvetry shall not be liable by reason of any failure or delay in the performance of its obligations on account of strikes (labor, transport or otherwise), lock-outs, labor conditions, riots, fires, flood, storms, earthquakes, acts of terrorism, war, governmental action or any other cause which is beyond the reasonable control of Velvetry.

 

  1. ASSIGNMENT

Customers shall not assign their rights and obligations herein mentioned to anybody.

 

 

  1. INDEMNITY

The customer agrees to fully indemnify Velvetry and keep Velvetry indemnified saved defended and harmless from and against any and all lawful losses, claims, demands, notices of claims issued by any person, actions, causes of action, suits, litigation, damages, costs and expenses including reasonable fees and disbursements in connection with the customer’s breach of any of these terms and conditions and interest and penalty chargeable thereon including all costs incurred in pursuing any of the foregoing and any proceeding in relation to the same  promptly upon demand at any time and from time to time, to the fullest extent permitted by law.

 

The customer further agrees to fully indemnify Velvetry and keep Velvetry indemnified saved, defended and harmless from and against any and all losses, damages, costs, expenses, etc. that may be caused to the brand and goodwill of Velvetry due to a customer’s breach of any of these terms and conditions. Any loss of goodwill and/ or disparagement of the brand of Velvetry, in any manner whatsoever, whether directly and/ or indirectly arising out of and/ or due to the act of any customer, whether voluntarily or involuntarily, shall be the liability of that customer and such member shall be liable to indemnify Velvetry for such breach and/ or compensate Velvetry for any loss so caused.

 

  1. PRIVACY POLICY

Velvetry Inc (“Velvetry”, “us” or “we”) recognize the importance of your privacy. Please read the following privacy policy to understand how we will treat your information in connection with our website located at www.Velvetry.com and any successor, replacement or related website (collectively, “Website”), products, and services (which together are referred to here as the “Services”).

Our Services may contain links to websites, products or services of other companies, and our Services may be available on the websites of other companies. These and other third party websites, products and services are not controlled by us and are not subject to this privacy policy. This privacy policy applies only to the practices of Velvetry in relation to our Services. We recommend that you read the privacy policies of any other websites, products or services that you visit or use.

 

Changes to this Privacy Policy and Acceptance

We reserve the right to modify, alter, or update this privacy policy at any time. We will post any changes on this page so please check this page frequently. This page will be subject to change from time to time, without notice.

By providing information to us, you consent to the collection, use and disclosure of that information in accordance with this privacy policy.

 

Information We Collect

What information we collect from visitors to our Website depends upon how visitors choose to interact with us through the Services. You can use most of our Services without providing any personal information to us. However, your election to use our full range of Services will involve providing personal information to us that identifies you or can be used to identify or contact you, such as your name, mobile or other telephone number, email address, postal address or billing information, etc.

The following is a list of types of information we may collect and ways in which it could be collected:

Information you provide.

Some Services may require that you provide us with personal information as a condition of accessing and using those Services and some Services may give you the option to provide personal information. If we offer services or promotions that require registration, we will ask you for personal information such as your name and email address. For purchases of products or any other fees that may apply to Services, we will request your name, address, email address, phone number, and credit card number. You may of course choose to submit information to us in various ways as well, such as when you contact us by email. In addition, we may combine information that you provide to us with information relating to you from other Services or from third parties.

 

 

Partners Web Sites.

We may offer some Services through relationships with other companies and websites. For example, we may offer information and services on third party websites. Personal and other information that you provide to those websites may be sent to us. Logged information. We may automatically collect and store some information that you do not actively provide, such as your internet protocol (IP) address, browser type, the date and time of your visit, and the last website or webpage you visited.

 

Cookies and other internet technology.

When you visit our Website or use the Services, we may send one or more cookies (that is, small text files) to your computer or mobile device that uniquely identifies your browser. Most browsers are initially set to accept cookies, but you can typically change your browser’s settings to refuse all cookies or notify you of a new cookie request. However, some features of the Services will not function properly if cookies are disabled, deleted or refused. We may use other technology, such as clickstreams to, through and from our Website and web beacons (also sometimes called pixel tags or transparent GIFs) to, among other things, track use of our Services, and habits and preferences of our visitors. During some visits, we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

We may have relationships with partner websites and advertising companies that allow those companies to use cookies and other internet technology such as web beacons to track, among other things, use of our Services. These companies may combine this information with information about your visits to other sites and services for their use, and we may receive information from these companies about your use of our Services and third party websites. However, we do not provide your personal information to these companies as part of this relationship. It may, however, be possible that these companies could associate personal information that you provide to them when visiting their sites with the tracking data they receive in connection with your use of our Services. Their use of your personal information is governed by their privacy policies and not this Privacy Policy.

Cookies placed by Velvetry or our partners may incorporate personal information, such as your user name and password, if any, although passwords will not be included unless you request that they be saved for automatic login.

 

Use and Disclosure of Personal Information

Personal and other information collected is used to provide our Services, for example to respond to or fulfill requests or enquiries, process orders and registrations, and communicate with you in general.

We may also share personal and other information with our selected suppliers, service providers and partner websites in order to facilitate providing the Services to you including selling products to you. For example, we may provide such information to third parties that are involved with operating and maintaining the Services (including for example where another company provides website hosting, customer support or email message deployment services for us), performing business and sales analysis, improving the Services, and fulfilling orders and processing credit card payments.

We may collect and use non-personal information to display customized content and advertising, measure the usage and effectiveness of our Services and our online advertising and other content and activities, and improve our Services. Much of this information is gathered by us or other companies using cookies or other internet technologies, as described above under “Information We Collect.”

We may also share non-personal information with other companies for marketing purposes, such as the display of targeted advertising with or in our Services or the websites or services of other companies. This information may include aggregated information such as usage statistics or demographic trends regarding our users or those of websites or services with which we have a business relationship. It may also include anonymous information regarding particular users, such as information about websites or pages visited by the particular user.

We use and share personal information where you have chosen to allow us to use and share that information for specific purposes. For example, you may choose to allow us to share personal information when you enter a contest. You may also choose to allow us to share personal information with other companies for offer-marketing purposes, among other things.

We disclose personal and other information if we have a good-faith belief that the disclosure is reasonably necessary to comply with the law, legal process or an enforceable government request; to enforce applicable Terms and Conditions for our Services; to detect, prevent or otherwise address illegal activity, fraud, or security issues; or to protect the property or safety of our users, Velvetry, or the public as required or permitted by law.

In connection with a significant transaction involving Velvetry, such as an equity investment or merger or acquisition, we may transfer personal and other information to another company without your consent.

 

Social Media and Public Forums

This privacy policy does not protect you when you participate in a public forum available on this Website (e.g., web chats, blogs and community forums). As a service to our users, Velvetry may feature bulletin boards and similar forums where users can share information or where users can post questions for others to answer. You should be aware that any information shared in a bulletin board, online discussion, or other public forum is public information and may be seen, disclosed to or collected by third parties that do not adhere to our privacy policy. You should think carefully before disclosing any personal information in any public forum.

 

Your Choices

If you have an account with us, you can review and update your account information (such as your name, user name, and contact information) online by logging into your account. We make good faith efforts to provide you with access to your personal information and the ability to correct the information if it is inaccurate or to delete it at your request if it is not required to be retained by law or for legitimate business purposes. We require users to identify themselves and the information they wish to access, correct, or remove before processing these requests, and we may decline to process requests that we believe in good faith are unreasonable or unduly burdensome (such as requests that are repetitive, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical to satisfy).

If you have an account with us, you can delete your account at any time by contacting us with that request. If you delete your account, we may retain certain information associated with your account for recordkeeping. Further, we generally do not remove information that you have made publicly available, and information that has already been provided to third parties as described in this privacy policy may be retained by those third parties and will be subject to their policies, and not this Privacy Policy.

You should not use this Website if you disagree with how we intend to collect or use your information as set forth in this Privacy Policy.

 

Information Security

If you send us electronic personal information, we will store it on our computers and/or other media we deem appropriate. We employ firewalls and other electronic and physical measures to help keep your personal information secure. You should be aware, however, that no transmission over the Internet, and no electronic data storage method, is 100% secure. Therefore, we cannot guarantee the absolute security of the personal information you provide us either during its transmission or its storage on our computers.

 

 

 

Online Privacy of Children

Our Services are not directed to children under the age of 18, and we do not knowingly collect, use or disclose personal information from anyone under 18 years of age.

 

Contacting Us

If you have any questions or concerns about this privacy policy, please feel free to contact us by email at info@velvetry.com.

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