Terms & Conditions
This is an electronic record in accordance with Information Technology Act, 2000 (as may be amended, modified, re-enacted, consolidated or replaced from time to time) and rules thereunder pertaining to electronic records as applicable and amended from time to time. This document is generated by a computer system and does not require any physical or electronic signature.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines and Digital Media Ethics Code) Rules, 2021 which mandates an intermediary to publish rules and regulations, privacy policy and the terms and conditions for access or usage of this Platform.
1. PREAMBLE
1.1 INFINITE-VARIABLE PRIVATE LIMITED is a company engaged in the business of providing an online platform under the brand and style name of IV Universe (hereinafter referred to as “IVUniverse”, “Company”, “we”, “us”, “our”) through which the User (defined hereinafter) can shop for Company merchandise, book spaces of their requirements in their neighborhood, attend events of their own interests, engage and connect with people of their common interest through participating in the groups.
1.2 IV Universe, in order to ease the requirements of its Users all over the country has provided an online platform through its website www.infinite-variable.com and mobile application for Android and iOS devices ‘IVUniverse’ (hereinafter collectively referred to as the “Platform”), wherein the Users on the Platform can avail the services provided by the Company as a one-stop destination to fulfil their requirements in relation to: (i) Booking online and offline events/sessions in activities including but not limited to fitness, gaming, music, dance and theatres; (ii) Engage: gathering people from their neighborhood and encouraging them to come together, discuss topics and perform divrse activities. (iii) Circles: connecting with other users with different hobbies including but not limited to gaming, music, photography, videography, theatre, film wellness, dance and fine arts, by joining closed groups on the Platform; (iv) Cookie Time: performing questions and answers rounds through the Platform; (v) Showcase: Voting for the properties proposed by the Platform in the User’s neighborhood and basis the outcome of such polling, the properties getting most votes would be inaugurated in the neighborhood for the Subscribed User’s to avail/enjoy (vi) posting their views/opinions on the feed provided by the Platform (vii) Merchandise: shop merchandise of the Company under the brand names of ‘IVUniverse’ and ‘Infinite Variable’. (Hereinafter collectively referred to as “Services”), as per the following Terms and Conditions.
2. INTRODUCTION
2.1 These terms and conditions (hereinafter also referred to as “Terms”), as may be amended from time to time, apply to all our Services directly or indirectly made available online, through this Platform.
2.2 INSTALLING, SIGNING UP, ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS HEREIN, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO THESE TERMS OF USE, LEAVE NOW. YOU MAY NOT USE THE SERVICE AND SHOULD NOT PROCEED TO CREATE ANY USER ACCOUNT WITH US.
2. 3 If you do not want to be bound by these Terms, you must not retain, access or use the Platform in any manner whatsoever. Anything done, caused to be done, whether expressly or impliedly in contravention of these Terms may render you liable for legal action.
2. 4 We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
3. DEFINITIONS
3.1 “Account” means the information held by IVUniverse about the Users, such information having been submitted by the User to whom the information relates, including your booking history, circles, wallet and the other information contained in your Platform’s “Profile” section;
3.2 “Login Details” means the usernames and passwords used by you to access certain functionalities of the Platform;
3.3 “Subscribed User” means a person who has availed the membership provided by the Platform and has access to all the features and unrestricted functionalities of the Platform;
4. ELIGIBILITY TO USE
4.1 Any person who inquires about or purchases any products or services of IVUniverse (“User”, “you” “your”) through its Platform agree to be governed by these Terms.
4.2 The User must be at least 18 (eighteen) years of age and must possess the legal authority to enter into an agreement so as become a User and use the Services of IVUniverse. If you are a minor or are below the age of 18 years, you shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on the Platform, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). We reserve the right to terminate your membership and/or block access to your Account under this Platform if it is discovered that you are a minor or incompetent to contract according to the law or any information pertaining to your age entered at the time of creation of Account is false.
4.3 Your conduct on the Platform is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority, including, without limitation, all applicable tax, anti-money laundering.
4.5 You are not prohibited from using our Services under the applicable laws.
4.6 Your right to use the Services is subject to the limitations, conditions, and restrictions established by us from time to time, at our sole discretion. We may alter, suspend, or discontinue the Services at any time, without any prior intimation to the User. You will not share the Login Details or give access to your Account to anyone else who has not paid the subscription price.
5. AVAILABILITY OF SERVICES
By using the Platform, you acknowledge that while we take every reasonable action to make sure that the Services remain fully functional and up to date, interruptions do happen, for any reason or no reason, including for routine maintenance, as may be required for effective functioning of the Platform. You understand and acknowledge that the Services could be interrupted, suspended, or terminated due to any reason whatsoever, without any fault of the Company and therefore we shall not be held liable in any manner whatsoever, for any loss to anyone due to such interruption, suspension or termination of Services.
6. ACCOUNT AND SUBSCRIPTION
6.1 To register an Account with us, you will be required to fill an online form on the Platform, by providing certain essential details as may be required by us. We expect that you would register your Account with fairness and honesty. However, you have no obligation to register an Account with us to use our Services. Further, you will be entitled to unrestricted access to certain Services after availing the membership on the Platform and becoming a Subscribed User.
6.2 You hereby warrant that the information provided by you to IVUniverse is true, accurate and correct for all required elements on the registration page. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government, identification number, and information regarding your bank account such as the name of the bank, the account type, and account number. You further warrant that you shall promptly notify IVUniverse in the event of any changes to such information.
6.3 If you want to use the Platform for commercial purposes, you must first become a Subscribed User and thereafter may create a business account and provide us with the required details. An undertaking is required to open an account for your company, organization or other entity, wherein you admit that you are authorized to grant all permissions and license provided in these Terms and bind the entity to these Terms.
6.4 The personal information and other details filled by You shall undergo a review process by us and we reserve the right to seek such additional details as may be required. During such review process, we reserve the right to suspend or cancel any profile/ Account if we have a reasonable doubt that the required profile/ Account does not meet the required standards set by us.
6.5 We shall not be liable for any injury, damage or other consequence, fraud related or otherwise arising out of any inaccuracy in the information provided by you on the Platform. Further, if at any point of time we come to know or have reasons to believe that any information provided by you is untrue, inaccurate, or incomplete then we have full right to suspend or terminate your subscription and forfeit the amount paid (if any) by you towards our membership fee and refuse to provide our Services to you
thereafter without any notice.
6.6 Without prejudice to any other rights and remedies available to the Company, Company reserves the right to promptly disable your Login Details and suspend your access to the Platform in the event that the Company has any reason to believe that you have breached any of the provisions set out under these Terms. Notwithstanding the foregoing, the Company reserves the right to:
(i) accept or reject your application to register for any reason; and
(ii) suspend your Account and/or refuse you access to the Services and/or Platform (partly or wholly) if you breach any of the provisions hereunder.
6.7 You unequivocally agree and understand that by opening an Account and using the Services in any capacity, you shall act in compliance with and be legally bound by this Agreement and all applicable laws and regulations, and failure to do so may result in the suspension of your ability to use the Services or the closure of your Account.
6.8 Cancellation by User: You may opt for cancellation of Services anytime by informing us. You hereby agree to be personally liable for any and all charges incurred by your Login Details until you terminate the Account or any Services provided herein. You acknowledge and agree that if you cancel your Account or Services, the access associated with that Account will be removed permanently from our database and if you wish to create an Account again in future, you will have to fill the online form and will have to subscribe to the Services again, all the previous data and information collected by us will be removed.
7. MODIFICATION TO THE SERVICES AND FEES
The membership fees and/or any other fees charged for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for modification, price change, suspension or discontinuance of the Services. Your continued access of the Platform shall be deemed your notification and acceptance of these changes.
8. SECURITY AND USER INFORMATION
8.1 You are responsible for maintaining the confidentiality and security of any and all account names, Login Details and any other security feature that you use to access the Services. You are responsible for (a) keeping your email address up to date in your Account profile; and (b) maintaining the confidentiality of your User information and the security of your Account, which includes the enabling of all relevant security features. You shall be responsible for all the activities that occur under your Login Details. You will not sell or otherwise transfer your Account to another person or entity without our prior written permission. You agree to notify IVUniverse immediately if you become aware of any unauthorized use of the Services or any other breach of security regarding the Services. IVUniverse will not be liable for any loss or damage arising from your failure to protect your Account or your User information.
8.2 We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reliable virus and malware screening and prevention software. If you question the authenticity of a communication purporting to be from IVUniverse, you should login to your Account through the Platform and not by clicking links contained in emails.
9. PROMOTIONAL CODE
IVUniverse may from time to time provide you with promotional codes as a part of marketing and promotional campaigns. The validity and use of such promotional codes shall be strictly subject to any relevant and additional terms which shall be made available to you upon furnishing of the promotional codes or otherwise by email.
10. AFFILIATE MARKETING ON PLATFORM
The Platform and the Services may contain links which may direct you to other websites and online resources provided by third parties. We have no control over and are not responsible for the content of such websites/portals or any information provided by third parties. We shall not be liable for any damage or loss caused to you or your business, from your use of any third-party websites, portals or information. You shall be responsible for always reading the terms and conditions and the privacy policy of such a third-party websites or portals, before using them.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 IVUniverse and its licensors own all the Intellectual Property rights relating to the Platform. Therefore, you are expressly prohibited from:
(i) reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the
Platform; and
(ii) removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by IVUniverse
or its licensors. Provided that IVUniverse is unaware of any infringement of any third-party Intellectual Property right at the time you submit any User Submissions, IVUniverse shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or IVUniverse.
11.2 We solely own rights in the names and trademarks of “Infinite Variable” and “IV Universe” and the logo that appears on the Platform (the “Logo”). You are not permitted to, and you agree not to, use these marks in any way (including as part of any other trademark, or domain name), in connection with any of the Services. If You have any concerns pertaining to the Intellectual Property showcased on the Platform, kindly provide us with the following documents:
(i) a digital or physical signature of the owner of Intellectual Property or the person authorized to act on behalf of the owner of the copyright work for any other Intellectual Property;
(ii) a description of the copyrighted work or other Intellectual Property at issue;
(iii) the location of the material giving rise to the issue on the Platform;
(iv) your phone number, address, fax no. and email address; and
(v) a statement by you that you have a bona fide belief that the disputed use is not authorized by the copyright or other Intellectual Property owner, its agent, or the law.
11.3 For purpose of these Terms, “Intellectual Property” shall mean any invention (whether patentable or unpatentable and whether or not reduced to practice), any improvement thereto, and any patent, patent application, and patent disclosure, together with any reissuance, continuation, continuation-in-part, revision, extension, and re-examination thereof; any trademark, service mark, trade dress, logo, trade name, and corporate name, together with any translation, adaptation, derivation, and combination thereof and including any goodwill associated therewith, and any application, registration, and renewal in connection therewith; any copyrightable work, any copyright, and any application, registration, and renewal in connection therewith; any mask works and any application, registrations, and renewals in connection therewith; any trade secret and confidential business information (including any idea, research and development, know-how, formula, compositions, manufacturing and production process and technique, technical data, technical know-how design, drawing, specification, customer and supplier lists, pricing and cost information, and business and marketing plans and proposals); any computer software (including data and related documentation), databases, programming, codes and schemas; any other proprietary right; any copies and tangible embodiments thereof (in whatever form or medium); any license or sublicense of an Intellectual Property right, whether exclusive or non-exclusive to us; internet domain name registrations and rights; and any software, features, design, programming, application, development work and/or promotion, advertising which in any way contributes/supports, tests, helps the business of IVUniverse whether developed by a third party or employees of IVUniverse or outsourced by us.
12. OBLIGATIONS OF USERS
12.1 You agree that you are solely responsible and liable for all activities carried out by your use of the Platform.
12.2 You shall not submit on the Platform through your use, any information, reviews, comments, images, third party URL links or other material in any format whatsoever (“User Submissions”), on the Platform that, in IVUniverse’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
(i) promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) harass or advocate harassment of another person;
(iii) display obscenity, pornographic or sexually explicit material;
(iv) promote any conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) promote any illegal activities;
(vi)provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
(vii) promote or contain information that you know or believe to be inaccurate, false or misleading;
(viii) engage in or promote commercial activities and/or sales, including but not limited to contests, barter, advertising and pyramid schemes, without the prior written consent of IVUniverse; or
(ix) infringe any rights of any third party.
12.3 User Submission is the sole responsibility of the Users who originate such content whether it is publicly or privately transmitted. You understand that you are solely responsible for any User Submission which you provide or use on the Platform and for any consequences pertaining to the same.
12.4 User hereby hold harmless IVUniverse from any claims resulting from any claims resulting from any foregoing actions and activities or any action which IVUniverse may take during or as a result of any investigations.
12.5 You acknowledge and agree that IVUniverse may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the Platform, and you hereby grant to IVUniverse a non-exclusive, perpetual, irrevocable, worldwide license to do so.
12.6 You warrant and represent that you own or are licensed to use any and all patents, trade-marks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all Intellectual Property rights in all User Submissions that you make to the Platform as part of your use.
12.7 Additionally, you hereby grant to IVUniverse a non-exclusive, irrevocable license to make the User Submissions available to other users of the Platform.
12.8 If you feel that any User Submission made by another user is objectionable, please contact us using the contact details set out under these Terms. IVUniverse shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all.
12.9 You further agree that at all times, you shall:
(i) not use your Login Details with the intent of impersonating another person;
(ii) not allow any other person to use your Login Details;
(iii) not use the information presented on the Platform or provided to you by IVUniverse for any commercial
purposes;
(iv) not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using
the Platform;
(v) not infringe any rights of any third parties;
(vi) contact IVUniverse at support@ivuniverse.com immediately if you consider any User Submission posted by another user to breach any of the terms herein;
(vii) comply with all instructions and policies from IVUniverse from time to time in respect of the Services and the Platform;
(viii) co-operate with any reasonable security or other checks or requests for information made by IVUniverse from time to time; and
(ix) use the information made available to you on the Platform and through the Services at your own risk.
12.10 In the event that you have a dispute with any other user, you hereby release IVUniverse from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
13. DISCLAIMER AND LIMITATION OF LIABILITY
13.1 IVUniverse shall make sure that all material, content and information provided on the Platform, and/or via the portals through which Services are provided, is taken from sources believed to be reliable and all information is presented in good faith, however, IVUniverse makes no warranty or representation, either expressed or implied, in relation to the correctness, completeness, or accuracy of such information or material or content.
13.2 Subject to applicable laws, IVUniverse, our subsidiaries, affiliates, its shareholders, its directors, officers, employees, representatives, contractors, suppliers shall not be liable for any incidental, special, punitive, consequential or similar damages or liabilities whatsoever arising out of or in connection with the Services, any performance or non-performance of Services provided by us, whether under contract, statute, strict liability or other theory even if we, our subsidiaries, affiliates are advised of the possibility of such damages.
13.3 You expressly agree that your use of the Platform and/or Services is at your sole and exclusive risk. The Services are provided on an “as is,” and “as available” basis, without warranties of any kind, including, without limitation: the availability, accuracy of content, information, and the warranties of merchantability, fitness for a particular purpose, and non-infringement. We expressly disclaim all such warranties. The entire risk as to the quality and timeliness of the information, and all Services provided by us is borne exclusively by you. We use public data and information provided to us by third parties in order to compile each “service” as such, we rely on the providers of this information for its accuracy and correctness. We make no warranty that the Services will meet your requirements and expectations, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Services. Any access to our Platform from territories where the contents are illegal is prohibited. If you access our Platform from a location outside India, you are responsible for compliance with all local laws.
13.4 Subject to provisions mentioned under this Clause, if IVUniverse fails to comply with these Terms, IVUniverse shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. If IVUniverse’s failure to comply with its obligations is not remedied under this clause, then IVUniverse’s maximum aggregate liability (including our subsidiaries, affiliates, its shareholders, its directors, officers, employees, representatives, contractors, suppliers) for all losses, damages, costs, claims and expenses arising in respect of the applicable paid Price for the membership to which such failure relates, whether arising in contract, tort (including negligence) or otherwise, shall be limited to the amount paid by you for the membership (as applicable).
13.5 IVUniverse does not verify and does not have any control in respect of any User Submission, or other information made available to you through your use. Consequently, IVUniverse does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your Use, you do so at your own risk and liability.
13.6 IVUniverse shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:
(i) consequential, indirect or special losses;
(ii) loss of profits, income or revenue;
(iii) loss of savings or anticipated savings, interest or production;
(iv) loss of business or business benefits;
(v) loss of contracts;
(vi) loss of opportunity or expectations;
(vii) loss of goodwill and/or reputation;
(viii) loss of marketing and/or public relations time and/or opportunities;
(ix) loss of data; or
(x) loss of management or office time or any other losses howsoever arising and whether caused by tort
(including negligence), breach of contract or otherwise, even if foreseeable.
13.7 Nothing in these Terms excludes or limits IVUniverse’s liability for:
(i) death or personal injury caused by its negligence;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other matter for which it would be illegal for IVUniverse to exclude or attempt to exclude its liability.
13.8 Commentary and other materials posted on the Platform or provided by IVUniverse are not intended to amount to advice on which reliance should be placed. IVUniverse therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any User of the Platform, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by IVUniverse shall remain solely with you.
13.9 IVUniverse is under no obligation to monitor or review any User Submission and has no obligation to protect any User Submission. However, we may do so at our sole discretion from time to time.
13.10 IVUniverse shall have the right to take any other action with respect to any User Submission that we may deem necessary or appropriate in our sole discretion, if we believe that such User Submission violates the Terms, infringes any Intellectual Property rights or any other of entity or any third-party, threatens the personal safety of the Users of the Platform or general public, creates any liability or threatens to create any liability for IVUniverse.
13.11 IVUniverse shall have a right to, subject to the terms of our Privacy Policy and any applicable law to disclose any information furnished by a User which includes but is not limited to personal information to any third-party rights who claims that User Submissions provided by you has violated any of the third-party rights including the Intellectual Property rights or privacy rights, provided that we shall send prior notification to the User if applicable.
13.12 We can take any appropriate legal action, including disclosing your personal information or other information about you to any law enforcement body, government department, court of law, regulatory agency, tribunal or any law enforcement or government official, in respect of any suspected illegal or unauthorized use of the Platform and/or the Services.
13.13 IVUniverse shall, without prejudice to the above, fully cooperate with any law enforcement or regulatory authority or court order requesting or directing IVUniverse to disclose the identity, or other information, of anyone posting or distributing any User Submission on or through the Platform and/or the Services. We also reserve the right to access, review, monitor, display, read, preserve, store and disclose any information and any User Submissions as we reasonably believe is necessary or appropriate to:
(i) satisfy any applicable law, rules, regulation, legal processor governmental request;
(ii) investigate potential violations of and/or enforce these Terms;
(iii) detect, prevent, or otherwise address fraud, security or technical issues, or
(iv) protect the rights, property or safety of any Users, IVUniverse or any third parties.
13.14 We assume no liability for any action or inaction regarding transmissions, communications or User Submissions provided by any User of the Platform and/or the Services or by any third party. We have no liability or responsibility to any person for the performance or non-performance of the activities described in this Clause.
13.15 You acknowledge and agree that IVUniverse may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the Platform, and you hereby grant to IVUniverse a non-exclusive, perpetual, irrevocable, worldwide license to do so.
14. INDEMNIFICATION
14.1 Any time after creation of your account on this Platform and even after the termination of your Account and/or subscription with IVUniverse for cause, you agree to indemnify and hold harmless IVUniverse, its employees and its affiliates, from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, attorney’s fees, and legal costs) of any kind or nature, arising from or relating to:
(i) any actual or alleged breach of these Terms by you or anyone using your Account; and/or
(ii) Your use of the Platform and/or the Services; and/or
(iii) the content of your uploaded information including User Submission; and/or
(iv) the negotiation, performance or enforcement of any contract or agreement or understanding between you and other
users via the Platform or through the use of our Services.
14.2 The rights and remedies of IVUniverse, its employees and/or its affiliates, in respect of any breach of these Terms, shall not be affected by any act or happening which otherwise might have affected such rights and remedies, except by a specific written waiver by IVUniverse, its employees and/or its affiliates.
14.3 The rights of indemnification of IVUniverse, its employees and/or its affiliates hereunder shall be in addition to all other rights available to IVUniverse, its employees and/or its affiliates in law, equity or otherwise, including without limitation rights of specific performance, recession and restitution.
15. TERMINATION
15.1 IVUniverse reserve the right to suspend and/or terminate your access to the Platform and/or the Services in case:
(i) the network owner, which provides IVUniverse with an electronic communication network to provide the Platform to its User, ceases to make the network available to IVUniverse;
(ii) IVUniverse believe that you and/or someone using your Login Details has failed to comply with one or more
of these Terms;
(iii) IVUniverse believes that there has been fraudulent use, misuse or abuse of the Platform and/or the Services,
including the harassing or abuse of other Users;
(iv) IVUniverse believes that you have provided with false, inaccurate or misleading information in respect of your registration and/or use of the Platform and/or the Services;
15.2 For the avoidance of doubt, if your use to the Platform has been terminated by IVUniverse in accordance with these Terms, your access to the Services (in whole or in part) as a User shall cease.
15.3 You may terminate this Agreement at any time by closing your Account in accordance with this Agreement. In order to do so, you should contact support of IVUniverse through the contact details mentioned under these Terms, who will assist you in closing your Account. You should also contact IVUniverse if you are seeking to close an Account on behalf of a deceased User. You may not close an Account if IVUniverse determines, in its sole discretion, that such closure is being performed in an effort to evade a legal or regulatory investigation or to avoid paying any amounts otherwise due to IVUniverse.
15.4 Upon closure or suspension of your Account, you authorise IVUniverse to cancel or suspend pending transactions.
15.5 In the event that you or IVUniverse terminates this Agreement or your access to the Services, or deactivates or cancels your Account, you remain liable for all activity conducted with or in connection with your Account while it was in operation and for all amounts due hereunder.
15.6 We reserve the right to maintain your Account registration and other information, after you close your Account, for business and regulatory compliance purposes, for a period and purposes as specified in our Privacy Policy, subject to applicable laws and regulations.
16. EXCHANGE, RETURNS AND REFUNDS
16.1 Subscription Membership Fee – IVUniverse has a refund policy in respect of certain services listed on the Platform. However, the subscription/ membership fee is non-refundable. Nonetheless, the following are the events where refund is allowed along with their timelines and other conditions:
(i) User can initiate the refund for the cancellation of booking of the event, provided that the cancellation should take place 5 (five) days prior to the event. No refund shall be provided after that.
(ii) User can initiate the refund for the cancellation of booking of the venue, provided that the cancellation should take place 2 (two) days prior to the date of booking. No refund shall be provided after that.
(iii) You can initiate a refund by contacting us at refund@ivuniverse.com and the same shall be subject to deduction of promotional discounts/cashback, taxes, administrative charges etc. The refund may be processed within 15 (fifteen) working days if the same is in order i.e fulfils the conditions stipulated in Clause 16.1. Bookings completed/ paid on IVUniverse are subject to a per ticket non-refundable internet handling fee and non-refundable per order processing fee.
16.2 Merchandise– IV Universe has a return/exchange policy in respect of certain services listed on the Platform. With respect to the merchandise listed on the Platform, the following are the events where returns/exchange is allowed along with their timelines and other conditions:
(i) The User may return/exchange the merchandise bought through the Platform by clicking on “Return Order” or “Exchange Order”, as the case may be, on ‘My Orders’ page. We accept returns/exchange within 5 (five) days after delivery of the respective order.
(ii) If the User intends to exchange the products purchased on the Company’s Platform within the exchange period as specified
above for the same size or different size of same style, the User will be provided with a replacement of the product free of cost.
(iii) If the User intends to exchange the product purchased on the Company’s Platform for any other product of the same or different value. In such case, if exchanged product is of the higher value, differences in amount will be charged separately and if the exchanged product is of the lower value, differences in the amount will be refunded to the User post successful pick up of original product in the manner as specified under this Terms.
(iv) Products cannot be exchanged for multiple products in a single transaction and the User is only allowed to select a single product for such exchange. However, the User can exchange multiple products at a time by initiating separate exchange request for each of the product.
(v) The following exceptions and rules apply to these Terms:
a. Cosmetics, Sunglasses, Socks, Deodorants, Perfumes, Briefs, Shapewear Bottoms, any Lingerie Set that includes a Brief, Swimwear, Mittens, Wrist-Bands cannot be exchanged or returned.
b. Notwithstanding anything contained hereinabove, selected products which are susceptible to damage can
only be returned/exchanged for a limited number of days as specified under the product detail page. The User is required to read the product detail page in order to identify the number of days up-to which a product can be returned/exchanged, post-delivery.
c. The User has to ensure that while returning/exchanging a product, all items to be returned/exchanged must be unused and in their original condition with all original tags and packaging intact. In the interest of hygiene, the Company may refuse returns/exchanges where it’s obvious that the item has been worn, washed or soiled.
d. Defective products need not be sent back to the Company, unless confirmed by the Company’s Customer Experience Team. If the User has received a defective product, the User is required to send images at support@ivuniverse.com for the Company’s approval. Once confirmed by the Customer Experience Team the refund will be provided either into your bank account or in the IV Universe’s wallet, as per your convenience.
e. All the exchanges are subject to stock-availability and the Company shall refund the amount associated with the respective product in case the product which the User is intending to exchange is not available with the Company.
(vi) There are two ways through which the User may return the product to the Company:
a. Pick up: In most locations, the Company offers a free pick-up service. The User will see a pickup option upon submitting a return/exchange request. During the pick-up, the Company’s delivery agent will conduct a quick quality check of the product(s), in case the product does not pass such quality check, the same will not be picked up by the delivery agent and the User will be required to contact the Company for further assistance.
b. Self-Ship: If the Company doesn’t offer a pick-up at a particular location. In such cases, the User is required to self-ship the product to the Company through a recognised courier service and the Company will credit the shipping costs in the form of IV Universe credit provided the product meets the return/exchange policy and the User has shared a scanned copy of the courier receipt with the Company. If the User self-ships the products(s) to be returned/exchanged, the User is required to pack the items
securely to prevent any loss or damage during transit.
(vii) The User may initiate a refund in accordance with these Terms and the same shall be subject to deduction of promotional
discounts/cashback, taxes, administrative charges etc. The refund may be processed within 15 (fifteen) working days if the same is in order i.e fulfils the conditions stipulated hereinabove.
16.3 IVUniverse may, at its sole discretion, reject requests for availing refunds from Users requesting repeated refunds, or Users who have violated or are suspected of violation of these Terms.
17. GOVERNING LAW AND DISPUTE RESOLUTION
17.1 These Terms shall be governed by and construed in accordance with the laws of India and the courts of Pune, Maharashtra shall have the exclusive jurisdiction.
17.2 In case any disputes or claims arises out of these Terms, the Company and the User both shall use all reasonable endeavours to resolve the matter amicably. If the dispute is not resolved within 15 (fifteen) days of receipt of notice furnished by either party, then the dispute shall be referred to the senior executive officers of the Company and the User. Either of the parties shall not refer to dispute to arbitration under these Terms until 15 (fifteen) working days after such referral to the senior executive officer of the Company.
17.3 Any dispute, controversy, claim or breach arising out of or in relation to this Terms (including a dispute as to the existence or validity hereof) shall be finally settled in accordance with the Arbitration & Conciliation Act, 1996, then in effect which shall be deemed to have been incorporated herein, by binding arbitration. Each party shall appoint an arbitrator and the arbitrators so appointed by each party shall mutually appoint a third arbitrator who shall act as the presiding arbitrator. No officer, director, shareholder, employee, representative or relative or related party of any party may be nominated or appointed as an arbitrator.
17.4 The place of arbitration shall be Pune, Maharashtra and language of arbitration shall be English.
17.5 Notwithstanding anything to the contrary herein, nothing in this Clause shall prevent the Company from seeking interim or permanent injunctive relief or taking any other action in any court to enforce or protect its Intellectual Property rights, including but not limited to any action for money damages and/or equitable relief, including but not limited to injunctive relief.
18. MISCELLANEOUS
18.1 Entire Agreement: These Terms, Privacy Policy (any other agreement to be added by IVUniverse) and any other policies (collectively referred to as “Agreement”) we publish constitutes an entire agreement between IVUniverse and Users in relation to your access to and use of the Platform and/or Services.
18.2 Waiver: No delay or omission by IVUniverse to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by IVUniverse of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by IVUniverse waiving its rights.
18.3 Severability: If any term, provision, covenant, or condition of these Terms is held by a court or regulatory body of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated unless removal of that provision results in a material change to the Terms.
18.4 Force Majeure: IVUniverse shall not be liable whatsoever, for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemic, pandemic, lockdown, quarantine, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials. (“Force Majeure Event”)
18.5 Assignment: You shall not assign, transfer or novate your rights or obligations under these Terms to third parties, save without the written consent of IVUniverse, which consent may be withheld for any or no reason at our sole discretion.
18.6 Amendments: We may amend any portion of the Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Services after the initial posting of the revised Agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your Account. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement. If the revised Agreement includes a material change we will provide you with prior notice before the material change becomes effective.
For this purpose, a “material change” means a significant change other than changes that (a) are to your benefit; (b) are required to be made to comply with applicable laws and/or regulation; (c) relates to a new product or service made available to you; or (d) to otherwise clarify an existing term. As IVUniverse grows and offers new features, products, and services, we will need to make changes to this Agreement. You can always know when this Agreement was last changed by checking the ‘Last Revised’ date at the top of the Agreement.
19. GRIEVANCE AND REDRESSAL AND CONTACT DETAILS:
19.1 In case you have any queries pertaining to the use of the Platform and/or Services under these Terms, You can direct any questions/queries to us by contacting our support services through e-mail at support@ivuniverse.com
19.2 In the event the User has any grievances, comments, complaints, and requests regarding these Terms and Conditions, Privacy Policy and any other policy or terms as published by IVUniverse, such respective User may contact the Grievance Officer through e-mail at grievance@ivuniverse.com We will investigate and attempt to resolve any complaints or disputes raised by you as soon as possible. We try to respond to all legitimate requests within 30 (thirty) days from date of receipt of the complaint. Occasionally it may take us longer than the same if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
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