Terms and Conditions
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using our Website (“www.shopdiva.in”) (“Diva”) and our services, you agree to comply with and be bound by these Terms of Service.
Thank you for using the Diva Platform for your fashion needs!
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Diva (the contracting entity being a sole propreitor, having its registered office at
, which governs your access to and use of our Website including our mobile, tablet, and other smart device applications and all associated services (collectively, “Services”). The Website, the applications, and the Services are hereinafter collectively called the “Diva Platform”.
Our collection and use of personal information in connection with your access to and use of the Diva Platform is described in our Privacy Policy.
The Diva Platform makes available information relating to clothes, accessories, and related services such as styling curated especially for the Diva Platform and its users. The Diva Platform also provides the facility to choose and buy the products and services that are available on the Diva Platform. To promote the Diva Platform, other member content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. The Diva Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Diva is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Diva of such Third-Party Services. Due to the nature of the Internet, Diva cannot guarantee the continuous and uninterrupted availability and accessibility of the Diva Platform. Diva may restrict the availability of the Diva Platform or certain areas or features thereof if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Diva Platform. Diva may improve, enhance and modify the Diva Platform and introduce new services from time to time. Diva may make access to and use of the Diva Platform, or certain areas or features of the Diva Platform, subject to certain conditions or requirements, such as completing a verification process, or your booking and cancellation history. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of a user’s identity. The access to or use of certain areas and features of the Diva Platform may be subject to separate policies, standards, or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Diva Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature unless specified otherwise. Diva reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Diva Platform and update the “Last Updated” date at the top of these Terms. You understand and agree that your continued access to or use of the Diva Platform will constitute acceptance of the revised Terms. You can register an account (“Diva Account“) to access and use certain features of the Diva Platform, such as for purchasing a product and/or service from the Diva Platform. You can register a Diva Account using an email address and creating a password. You must provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality and security of your Diva Account credentials and may not disclose your credentials to any third party. You are liable for any and all activities conducted through your Diva Account. Purchase and Delivery of Products: You may use your Diva Account for purchasing the products/services available at the Diva Platform. The delivery time of the product/service shall be stated on the product/service page. Diva shall endeavor to stick to the delivery timelines as stated on the Diva Platform.
You acknowledge and agree that the Diva Platform and Diva Content, including all associated intellectual property rights, are the exclusive property of Diva and/or its licensors or authorizing third parties. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Diva Platform. All trademarks, service marks, logos, trade names, and any other source identifiers of Diva used on or in connection with the Diva Platform and Diva Content are trademarks or registered trademarks of Diva. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with the Diva Platform are used for identification purposes only and may be the property of their respective owners. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Diva Platform. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Diva or its licensors, except for the licenses and rights expressly granted in these Terms. Unless specified otherwise, all orders and purchases from the Diva Platform shall be pre-paid orders. Any clothes that may have to be altered and/or made with an order shall take a minimum time of 15 working days (excluding Saturday, Sunday, and any other public/bank holidays). Upon receipt of a booking confirmation from Diva, a legally binding agreement is formed between you and Diva, subject to any additional terms and conditions that apply, including in particular the applicable cancellation policy and any rules. Diva has tied up with Paytm for facilitating the online payment facility available on the Diva Platform. Upon purchasing the products and/or services from the Diva Platform, You shall be bound by the terms and conditions of the payment gateway in addition to the terms stated herein. Return, Refund and Cancellation: Return, refunds, and cancellation pertaining to the orders shall be as per the “Diva Return, Refund and Cancellation Policy”. As a user, you can leave a public review (“Review”) and submit a star rating (“Rating”) about your experience of the Diva Platform. Ratings and Reviews are not verified by Diva for accuracy and may be incorrect or misleading. Ratings and Reviews, however, must be as accurate and may not contain any offensive or defamatory language. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Diva Platform. In connection with your use of the Diva Platform, you will not and will not assist or enable others to:
- Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms and Conditions;
- Use, display, mirror, or frame the Diva Platform or any individual element within the Diva Platform, Diva’s name, any Diva trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Diva Platform, without Diva’s express written consent;
- Dilute, tarnish or otherwise harm the Diva brand in any way, including through unauthorized use, registering and/or using Diva or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Diva domains, trademarks, taglines, or promotional campaigns;
- Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Diva Platform for any purpose;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Diva or any of Diva’s providers or any other third party to protect the Diva Platform;
- Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Diva Platform;
- Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
Diva may immediately, without notice, terminate this Agreement and/or stop providing access to the Diva Platform if (i) you have materially breached your obligations under these Terms, the payments terms, our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Diva believes in good faith that such action is reasonably necessary to protect the personal safety or property of Diva and its guests. If you choose to use the Diva Platform, you do so voluntarily and at your sole risk. The Diva Platform is provided “as is”, without warranty of any kind, either express or implied. If we choose to conduct identity verification or background checks on any user, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a guest or guarantee that a guest will not engage in misconduct in the future. You assume full responsibility for the choices you make before, during and after your use of the Diva Platform. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law. Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Diva Platform, your publishing or booking of any products and/or services via the Diva Platform or any other interaction you have with Diva personnel whether in person or online remains with you. Neither Diva nor any other party involved in creating, producing, or delivering the Diva Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or service.