This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to 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.
Effective Date: [*] Last Updated: [*]
www.purplestem.com along with any other portal/subdomain as may be launched from time to time by Purple Stem, including mobile and web applications and voice integration ("Website") is an Internet based portal owned and operated by Purple Stem, a company incorporated under the laws of India, with its registered office at WZ-57, Tatarpur, New Delhi - 110027 India and having CIN U51909DL2015PTC277486. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Purple Stem at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
2. USER ACCEPTANCE:
4.1 The Website is a platform that facilitates the online sale and purchase of various goods and services offered by Purple Stem's various affiliates/ vendors/service providers at a fixed price subject to discounts ("Services"). The Services are offered to the Users through various modes. The services provided by Purple Stem on this Website consist of:
- (a) accessing the website located at www.purplestem.com
- (b) all software (including the Software, as defined below), data, text, images, sounds, video, and content made available through the Website (collectively referred to as the "Content"),
- (d) our applications and
- (e) any updates, additional features and functionality that Purple Stem may offer,
4.3 Purple Stem agrees to deliver Services ordered by You only at such locations as per the order confirmation. Purple Stem shall not be liable to deliver any Services purchased by Users for delivery in locations outside India and such orders shall not be entertained.
4.4 Purple Stem may at its discretion and from time to time change, add or remove features and functionality of the Website without notice. Purple Stem reserves the right to discontinue some or all of the features of the Website at any time at its discretion (including the provision of updates).
5. ELIGIBILITY TO USE:
5.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed by Purple Stem for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by Purple Stem through Your legal guardian in accordance with the applicable laws.
5.2 Purple Stem reserves the right to refuse access to use the Website and purchase the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
5.3 You shall not have more than one active Account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party without express consent of Purple Stem.
6. SYSTEM REQUIREMENTS:
Use of the Website requires a device such as a cellular phone or a computer system, with the up-to-date software installed, Internet access (fees may apply), and may require obtaining updates or upgrades from time to time. To use the Website, you must have the necessary hardware equipment and software and the necessary parameters required. Because use of the Website involves hardware, software, and Internet access, your ability to use the Website may be affected by the performance of these factors. Depending on your network configuration (if protected behind a firewall or proxy), connection to Website may not be possible. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. You may not attempt, nor support others' attempts, to decrypt, reverse engineer, circumvent or otherwise alter or interfere with any software required for use of the Website.
Purple Stem is not responsible or liable in any manner for any difficulties you may have accessing Website whether technical or otherwise including, without limitation, any effect lack of access or degraded access may have on your score(s), standings or performance.
7. USER ACCOUNT, PASSWORD, AND SECURITY:
7.1 Purple Stem makes the Services available to You through the Website only if You have provided Purple Stem certain required User information and created an account ("Account") through Purple Stem ID and password or other log-in ID and password, which can include a facebook, gmail, yahoo ID or any other valid email ID(collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms").
7.2 The Website requires You to register as a User by creating an Account in order to purchase the Products and avail of the services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Purple Stem of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Purple Stem cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 7.2. You may be held liable for losses incurred by Purple Stem or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
7.3 The Website also allows restricted access to the services for unregistered Users.
7.4 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the services is expressly prohibited.
7.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Purple Stem has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Purple Stem has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
8. PRICING INFORMATION AND DETAILS:
8.1 Purple Stem strives to provide You with the best prices possible on Products and services You buy or avail of from the Website. Purple Stem does not guarantee that the price made available to you on the Website will be the lowest in your city, region, geography or the nation. Prices and availability are subject to change without notice or any consequential liability to You.
8.2 While Purple Stem strives to provide accurate information relating to Products, services including pricing information, typographical and other errors may occur. In the event that Services are inadvertently listed at an incorrect price or with incorrect information, Purple Stem may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Purple Stem will have the right to modify the price of the Product and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Purple stem cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
8.3 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Purple Stem expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
8.4 Purple Stem shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Purple Stem with our partner bank from time to time.
9. USER OBLIGATIONS:
9.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 10.
9.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Purple Stem. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
9.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Purple Stem disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 22 and Section 23 herein.
9.6 If the Website allows You to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Website it should be written in English language and pictures shall be in such format if specifically specified by Purple Stem.
By submitting Content, You warrant that (1) You are the sole author and owner of the Content; (2) You are at least 18 years old or if You are under the age of 18, You are at least 13 years old and Your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content You supply will not violate any term of this Agreement and will not cause injury to any person or entity.
9.7 If you make any submission to the Website, You automatically grant, or warrant that the owner of such Content has expressly granted Purple Stem, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Purple Stem may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us Purple Stem is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant Purple Stem the right to use the name that you submit in connection with any Content.
Further, You undertake not to:
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- Engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Purple Stem server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Purple Stem, including any Purple Stem Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
- Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
9.9 You agree that Purple Stem may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
10. USE OF MATERIALS:
10.1 Except as expressly indicated to the contrary in any applicable Additional Terms, hereby Purple Stem grants You a non-exclusive, freely revocable (upon notice from Purple Stem), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
- You may not modify or alter product catalogues or any other materials available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
10.2 The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may not be copied or retransmitted unless expressly permitted by Purple Stem.
10.4 Any purchase of the Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the services or merchandize purchased is not transferrable to any third party for profit.
11. INTELLECTUAL PROPERTY RIGHTS:
11.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Purple Stem and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
11.2 The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Purple Stem or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Purple Stem, the vendor or the third party that may own the Marks.
11.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Purple Stem owns all intellectual property rights to and into the trademark " Purple Stem ", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
11.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Purple Stem or thirty party owner of such Content.
12. THIRD PARTY CONTENT:
The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to You on the email received by You from Purple Stem. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. Purple Stem does not provide any guarantee with respect to any the Third Party Content and Purple Stem shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.
13. DISCLAIMER OF WARRANTIES & LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
13.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURPLE STEM WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. PURPLE STEM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
13.3 PURPLE STEM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. PURPLE STEM HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT PURPLE STEM NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. PURPLE STEM SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, PURPLE STEM SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND PURPLE STEM 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. PURPLE STEM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. PURPLE STEM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
13.4 PURPLE STEM SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
14. INDEMNIFICATION AND LIMITATION OF LIABILITY:
14.3 In no event shall Purple Stem , its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Purple Stem has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.
14.4 The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
15.2 You agree that Purple Stem may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
- Purple Stem is required to do so by law (for example, where the provision of the services to You is, or becomes, unlawful);
- The provision of the services to You by Purple Stem is, in Purple Stem's opinion, no longer commercially viable;
- Purple Stem has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
16.3 Purple Stem may also terminate or suspend all or a portion of Your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the services.
16.4 You agree that all terminations shall be made in Purple Stem 's sole discretion and that Purple Stem shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and services.
16.6 If You or Purple Stem terminates Your use of the Website, Purple Stem may delete any content or other materials relating to Your use of the Website and Purple Stem will have no liability to You or any third party for doing so.
17. GOVERNING LAW:
18. REPORT ABUSE:
20.1 You hereby expressly agree to receive communications by way of SMS, e-mails from Purple Stem relating to services provided through the Website.
20.2A User can unsubscribe/ opt-out from receiving communications from Purple Stem through SMS and e-mail anytime by:
- Visiting www.purplestem.com to unsubscribe from messages/ SMS; and
- Newsletters sent daily at the registered email address. by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
21. GENERAL PROVISIONS:
22. COPYRIGHT INFRINGEMENT:
22.1 Purple Stem takes copyright very seriously and our Users are legally responsible for the content that they upload or stream from Purple Stem. If you discover any Content on Purple Stem that you believe infringes your intellectual property, please provide us with a copyright notice with the following information:-
- a statement that you have identified Content on the Website that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyright work(s) that you claim have been infringed;
- a description of the Content that you claim is infringing and the location where such Content can be located;
- your full name, address and mobile number, a valid email address on which you can be contacted, and your Purple Stem user name if you have one;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
- with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- your electronic or physical signature (which may be scanned copy).
Your notice should be sent to us by email to firstname.lastname@example.org.
23. Spring-Fling Sale T&Cs
- Duration of the Spring-Fling Sale is 1 month.
- The prices of the Spring-Fling Sale are subject to change at the sole discretion of PurpleStem
- No customization with the original product's design, built & material shall be made.
- In case of high order volume, the estimated product delivery date can be extended by 1 week. Although, the customer shall be duly notified of the same.
- PurpleStem holds the rights to discontinue the sale at its sole discretion.
23.1 Any feedback You provide to this Website shall be deemed to be non-confidential. Purple Stem shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Purple Stem is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from Purple Stem for the feedback under any circumstances.
23.2 If you have a legal complaint or any other complaint or any question regarding the Services or feedback, Website or this Policy, or wish to receive further information regarding use of the Services, please contact us on the below mentioned:
Email Address: email@example.com.
Postal Address: WZ-57, Tatarpur, New Delhi - 110027
Phone Number: 0124-4108636
After placing the order customer can cancel the order within 1 hour if he/she wish to. And in case of customer request for Refund, it will be processed through same mode within 10 working days. We do not entertain return in any circumstances. We try and deliver the products within 10 days.