Terms & Conditions
(This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of website www.closetoncloud.com.)
Relentless, a partnership registered under the Partnership Act, 1932, having its registered office at Building no. 20/B, Flat No. 2, Kumari Jethi T Shipahimalani CHSL, Mori Road, Mahim (west), Mumbai - 400016 (“firm”, “we”, “us”, “our”) maintains the internet portal CLOSET ON CLOUD located at www.closetoncloud.com (the “site”). The terms and conditions (“terms”) as set forth herein below govern the use of the site, and the related services provided by the firm as defined below.
2. User Agreement
These terms and the policies referred to herein apply to your use of the CLOSET ON CLOUD site described here under and constitute to be an agreement between CLOSET ON CLOUD and you. "CLOSET ON CLOUD/the site/the firm/us/we/our" refers to the website www.closetoncloud.com and the related apps and "you/user" in these terms, means you the user of the Site. Use of the services and the site constitutes acceptance and acknowledgement of this user agreement (the terms).
3. Agreement Period
This Agreement begins when you first login CLOSET ON CLOUD by logging in with your Facebook or Google account or by any other way and accept it remains in effect indefinitely unless terminated as provided in the termination clause herein below.
The service as defined herein below is available only to users above the age of 18 years and those who are competent to enter into legally binding contracts under the Indian Contract Act, 1872. The service is not available to any users suspended or removed from the system by CLOSET ON CLOUD for any reason. Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user in accordance with these terms. Additionally, users are prohibited from selling, trading, or otherwise transferring your CLOSET ON CLOUD account to another party. If you do not qualify, you may not use the Service or the Site. CLOSET ON CLOUD owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the firm or payments made by your credit card by any third party.
6. Modified Terms
7. Description of Services
CLOSET ON CLOUD provides users, after registration (and/or login), an access to the site through the account created to browse and take on rent the products displayed on the site products listed on the site. CLOSET ON CLOUD shall also provide such other services, including sale of Products, as may be included, removed and/or modified by CLOSET ON CLOUD from time to time (the "Service").
8. Rental Period
Rental period is the term used for the period for which a product is rented. In case of unlimited subscription plans the rental period is: 31 (Thirty-one) days for monthly membership which can be renewed every month. For any subsequent plan CLOSET ON CLOUD may float in future the rental period will be as mentioned on the site. The rental period commences from the date of payment by the user and the product will be collected from the user within 4 days on the last day of the rental period. The time of collection of the product is the sole discretion of CLOSET ON CLOUD. The user hereby agrees to make the product available for collection as informed by CLOSET ON CLOUD.
9. Order Placement
All orders (for rent or purchase) shall be placed by a user by signing/logging in on the site. It is hereby clarified that CLOSET ON CLOUD shall have the sole right to accept or reject order placed for a product by a user. Once an order is approved by CLOSET ON CLOUD, the user, placing such order shall receive a confirmation from CLOSET ON CLOUD in relation to the acceptance of his/her order. The products ordered will be delivered in accordance with delivery clause hereunder. It is explicitly agreed by you that you shall not avail the services and/or access and use the site for any other purposes except for your personal use. It is hereby clarified that the products may appear different in colour and style than as displayed on the Site. The size and measurements may vary depending on the products.
10. Restriction on Placement of Orders
In case of unlimited subscription, CLOSET ON CLOUD imposes a restriction on the user for placing an order beyond 27th day of the month in case of monthly subscription. CLOSET ON CLOUD further has the right to cancel any order placed by the user or prohibit any user from taking on rent or purchasing any of the products (s) listed for sale, for any reason, including but not limited to any likelihood that the user, as per CLOSET ON CLOUD's discretion, will abuse the services or any of the reasons or circumstances specified in the Cancellation Clause hereunder.
The user shall pay subscription fee/charge (“Subscription Fee”) as specified on the site for every order placed by such user along with a security deposit as mentioned on the site alongwith the desired/ordered product ("Security Deposit") and, if applicable, the delivery charges as may be displayed on the site for each of the products, from time to time. It is clarified that the Subscription Fee and security deposit is exclusive of any taxes, fees, duties or any other charges that the user is required to pay under the applicable law. All/any such tax or charge, as is payable by the user, shall be paid directly by the user. The security deposit shall be refunded to the user upon return of the products ordered after making such deductions as maybe applicable in accordance with these terms. In case of sale of a product, the user hereby agrees to pay the sale price as specified on the site for every order placed by such user to purchase a product listed for sale on the site ("Sale Price") and the delivery charges as may be displayed on the site for each of the products, if applicable, from time to time. It is clarified that the Sale Price is exclusive of any taxes, fees, duties or any other charges that the user is required to pay under the applicable law. All/any such tax or charge, as is payable by the user, shall be paid directly by the user. It is further clarified that upon confirmation of an order for rent or sale as the case may be, for a product placed by a user, CLOSET ON CLOUD becomes authorized by the user to immediately charge the applicable Subscription Fee or Sale Price, as the case maybe, along with the delivery charges, if applicable, on the credit card/debit card of the user registered with the site. The user hereby undertakes and agrees that all payment details in relation to the credit card/debit card registered by the user on the site and being used to place an order for a product, for either rent and/or sale above, shall be valid and accurate. It is agreed that CLOSET ON CLOUD reserves the right to take, at its discretion, any legal action if the payment details are found to be invalid or inaccurate. CLOSET ON CLOUD reserves the right to alter/change/enhance/reduce the Subscription Fee anytime without prior notice to the user.
12. Mode of Payment
The payment of the Subscription Fee or the Sale Price, as the case maybe, in relation to the order, shall be made by the user through any of the payment methods available on the site. By making such payment, you explicitly authorize CLOSET ON CLOUD or its authorized representatives to charge the applicable Subscription Fee or Sale Price, as the case may be, or any other amounts, including damages and penalties, as may be due and payable by you to CLOSET ON CLOUD, through such payment method as may be availed by you. It is clarified that by placing an order for any product on the site and authorizing CLOSET ON CLOUD to charge the Subscription Fee or the Sale Price, as the case may be, or any other amounts, including damages and penalties, as may be due and payable by you to the Site Owner, you are entering into a binding agreement with the Site Owner.
13. Credit/Debit Card Details
You agree, understand and confirm that the credit/debit card details provided by you for availing of services on CLOSET ON CLOUD will be correct and accurate and you shall not use the credit/debit card which is not lawfully owned by you, i.e. in a credit/debit card transaction, you must use your own credit/debit card. You further agree and undertake to provide the correct and valid credit/debit card details to CLOSET ON CLOUD. Further the said information will not be utilized and shared by CLOSET ON CLOUD with any of the third parties unless required for fraud verifications or by law, regulation or court order. CLOSET ON CLOUD will not be liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
14. Delivery and Shipping of Products
All deliveries will be through CLOSET ON CLOUD itself or through our shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of CLOSET ON CLOUD. The products sent to you will be cleaned well and delivered ready to wear. We proficiently clean, sterilize and inspect each product before sending it to you, but use of the products is at your own risk and CLOSET ON CLOUD shall not be held liable for any health related complaints with respect to any product. CLOSET ON CLOUD shall deliver the products ordered by a user including the size, colour and design on or before the delivery date. We will provide you with information about estimated delivery and arrival times of our Unlimited subscription or membership products through the site or any other way of communication. It is hereby clarified that in the event a product ordered by you is not available, CLOSET ON CLOUD shall take reasonable efforts to notify you of such unavailability and you shall have the right to order a replacement product. In case of products purchased under the sale segment of the site the delivery time shall be 30 days. CLOSET ON CLOUD may deliver the products to user before 30 days, in that eventuality CLOSET ON CLOUD will inform the user about the estimated delivery day by sms/email or any other way of communication. In case CLOSET ON CLOUD is unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the site will be reversed back in your card account within a reasonable time.
15. Receipt of Product
The products shall be shipped to the shipping address provided by you at the time of placing an order ("Shipping Address"). It is clarified that the Shipping Address provided by you shall be accurate and secured and that CLOSET ON CLOUD shall not be liable for any delay in delivery if such Shipping Address is found to be inaccurate or insecure at the time of delivery of the product. In the event the Shipping Address is found to be inaccurate or insecure, additional delivery charges, as may be computed at the sole discretion of CLOSET ON CLOUD, shall be paid by you.
16. Use of Rented Products and Damages, if any
Upon delivery of the product by CLOSET ON CLOUD at the Shipping Address provided by you, you shall have the entire responsibility in relation to the use, maintenance, and safety of the product ordered by you and delivered by CLOSET ON CLOUD to you and you agree to treat the products with utmost care. Till the product(s) reaches the warehouse of CLOSET ON CLOUD, any kind of damage caused to the product during transit or before and found on the product(s) shall be the sole liability of the user. You shall be solely responsible for protecting the product delivered to you from any loss, destruction or damage caused due to any reason, including but not limited to theft, fire, stains, alterations, disappearance, tearing, rubbing-off or any other cause ("Major Damage"). You shall further be responsible for protecting the product delivered to you from any loss which may result in any form of lessening in the product's commercial value ("Major Loss"). You shall be responsible for handling the products, during the Rental Period, with the same extent of care and precaution as you will exercise for your own properties. If any damage is done to the product which has the effect of mere normal wear and tear as per the determination of CLOSET ON CLOUD, you shall not be liable for such extent of damage to the product. However, if a product returned by the user is damaged beyond normal wear and tear resulting into major loss, then you agree that we shall charge you, and you shall pay, an additional charge of upto 150% of the retail value of such product (retail value as displayed on site), and as determined by CLOSET ON CLOUD on account of such Major Loss. It is clarified that such amount, as is required to be paid by you on account of any Major Damage, shall be determined at the sole and absolute discretion of CLOSET ON CLOUD. Also if the product is damaged or not and the extent of damage shall also be determine at the discretion of CLOSET ON CLOUD. You hereby explicitly agree to such levy of additional charge on account of any Major Damage or Major Loss as may be determined by CLOSET ON CLOUD to have caused to the product on your part while using such product. It is clarified that in the event of any Major Damage or Major Loss caused to the product during the Rental Period, CLOSET ON CLOUD becomes authorized to adjust the penalties for such Major Damage or Major Loss, as specified above, against the Security Deposit paid by you. In the event the penalty for such Major Damage or Major Loss, as specified above, is an amount higher than the Security Deposit, CLOSET ON CLOUD is hereby authorized by the user to immediately charge the user the penalties for the balance of such Major Damage or Major Loss, as per the sole and absolute determination of CLOSET ON CLOUD. In any event whereby CLOSET ON CLOUD is unable to deduct such charge from your card or security deposit you hereby agree to immediately within a period of 24 hours from receiving an intimation of the said amount pay such amount to CLOSET ON CLOUD. Further, in the event the penalty for such Major Damage or Major Loss, as specified above, is an amount lower than the Security Deposit, the balance of the Security Deposit shall be refunded to you by CLOSET ON CLOUD in accordance with these Terms. You hereby explicitly agree not to dispute the decision made by CLOSET ON CLOUD in relation to the determination of a material damage done to the product during its delivery on your part and/or any Major Damage or Major Loss in accordance with these Terms. The conditions under this clause are applicable to returned products also. The conditions under this clause are applicable to rental products only.
17. Cancellation of an Order (Cancellation Clause)
i. Cancellation by CLOSET ON CLOUD CLOSET ON CLOUD reserves the right, at its sole discretion, to refuse or cancel any order for any product(s) whether for rent or sale made by the user which CLOSET ON CLOUD is unable to accept for various reasons such as the product being no longer available or being temporarily unavailable; limited quantities of the identified product(s) being available for renting by the user registered on the site and the same product having been ordered by another user prior to your order; a problem(s) is identified by CLOSET ON CLOUD in relation to the payment made by the user for any product displayed on the site; inaccurate or insufficient shipping address or other inaccurate detail(s) have been provided by the user at the time of placing an order of any product; the product is requested to be delivered at a location where CLOSET ON CLOUD does not cater or is otherwise inaccessible; or there are inaccuracies, defect or errors in the identified product (s) or its pricing information; or any malpractice or abuse is identified by CLOSET ON CLOUD on part of the user while placing any order for a product or any malpractice or abuse by the user of the Services rendered by CLOSET ON CLOUD or any other reason. CLOSET ON CLOUD may also require additional verification or information before accepting any order placed by you. CLOSET ON CLOUD will contact you on the details provided by you during your registration on the site, subject to these terms, if all or any portion of your order is cancelled or if additional information is required by us to accept your order. If your order is cancelled after your credit card/debit card/account has been charged, the Subscription Fee or the sale price, as the case maybe, shall be reversed back in your card/debit card/account in a time span as may be considered reasonable by CLOSET ON CLOUD.
ii. Cancellation by USER CLOSET ON CLOUD reserves the right to accept or reject requests for cancellation for any reason. Requests for cancellation of order will be entertained only till the time CLOSET ON CLOUD has not dispatched the products. After the product(s) leave the warehouse no cancellation request will be entertained. The user shall send the cancellation request by emailing CLOSET ON CLOUD at email@example.com. All cancellations shall be made subject to a cancellation fee of 30% of Subscription Fee. CLOSET ON CLOUD may reduce or nullify the said cancellation fee on case to case basis to any amount it deems fit at its absolute discretion. The time at which any order is made by you for any of the product (s) shall be recorded by CLOSET ON CLOUD at its sole discretion and such time shall not be disputed by you. The user agrees not to dispute the decision made by CLOSET ON CLOUD in relation to the determination of the applicable cancellation fee and accept CLOSET ON CLOUD’s decision made in response to any cancellation request made by the User. It is hereby clarified that CLOSET ON CLOUD shall not accept the cancellation of orders placed by a user for purchasing products listed for sale on the site and all such orders shall be final and binding on the user placing such orders. It is further clarified CLOSET ON CLOUD owes no liability to the user for citing any reason for cancelling any order made by the user.
18. Return of Products (Return Clause)
i. Return of Products after Use You hereby agree and acknowledge that you shall be solely responsible to return the products delivered to you within a period of 4 (Four) days from the date of delivery and on the last date of the subscription period in case of unlimited subscription/membership ("Return Date") in a satisfactory condition and subject to these terms. Further, in the event you fail to return the product to CLOSET ON CLOUD before the expiry of the return date you agree that CLOSET ON CLOUD is entitled to and authorized, to charge the applicable late fee ("Late Fee") of 50% of the Subscription Fee for each product for each day after the return date. It is clarified that this amount is in addition to Subscription Fee, plus all applicable taxes. In the eventuality that the product(s) is not returned within 8 (Eight) days from the Return Date, CLOSET ON CLOUD shall have the right to charge you a Late Fee equivalent to an amount of 150% of the retail price of the product(s) as is/was displayed on the site, plus all applicable taxes. It is hereby clarified that the Late Fee chargeable by CLOSET ON CLOUD shall be in addition to the Rental Fee payable by you for each product, ordered and delivered to you by CLOSET ON CLOUD and any additional payment due and payable on account of any material damage done to the product by you at the time of using such product in accordance with these Terms. CLOSET ON CLOUD shall have the right to adjust the Security Deposit against the Late Fee payable by you in accordance with the terms. In the event the amount of Late Fee payable by you is higher than the Security Deposit, you hereby authorise CLOSET ON CLOUD to immediately charge the balance Late Fee, on the credit card/debit card of the user registered with the site. Further, in the event the Late Fee payable by you is an amount lower than the Security Deposit, CLOSET ON CLOUD shall refund the balance Security Deposit in accordance with these Terms. All the terms and conditions mentioned under the “Use of Product” clause are applicable here and for the sake of brevity are not re-written here. You are advised to refer to the same.
ii. Return of Products without Use CLOSET ON CLOUD reserves the right to accept or reject requests for returns for any reason. The user is hereby advised to check the product(s) properly at the time of delivery for size, colour, style and/ or damage and also try the product if needed. The user is authorised to make the delivery person wait at the user’s address for 10 minutes from the time of delivery. In case of any problem the user shall inform CLOSET ON CLOUD’s delivery person about the same and shall return the product(s) at the same time by handing them to the delivery person. In case the user wishes to return the product after the delivery person has left the user’s premises, the user shall send his/her request for return of products by emailing CLOSET ON CLOUD at firstname.lastname@example.org stating the reason for return within 2 hours of receiving the products. No request for return will be entertained by CLOSET ON CLOUD after expiry of 3 three hours from the time of delivery. In case of acceptance of request for return of any order being placed by the user, the refund(s) shall be made by CLOSET ON CLOUD to the user of the Security Deposit and/ or Rental Fee and/or Delivery Charge and/ or any other charge(s) after reviewing the returned product by CLOSET ON CLOUD at its warehouse and subject to any such deductions as deemed fit by CLOSET ON CLOUD in its sole discretion. All the terms and conditions mentioned under the “Use of Product” clause are applicable here and for the sake of brevity are not re-written here. You are advised to refer to the same.
iii. Return of Packing Material The fancy packaging of the products is for the purpose of enhancing your user experience and making the user feel luxurious. The user is required to package the product(s) in the original packing in which it was delivered to you and return all the packing provided to you by CLOSET ON CLOUD at the time of delivery of the product(s). Following are the returnable packaging products:- a. CLOSET ON CLOUD Box b. CLOSET ON CLOUD Pouches c. CLOSET ON CLOUD Jewellery Boxes d. CLOSET ON CLOUD Carry Bags e. CLOSET ON CLOUD Hanger f. Any other merchandise delivered with the product(s). The CLOSET ON CLOUD box is not yours to keep. If the CLOSET ON CLOUD box is not returned with the above mentioned items you will be charged a fee of Rs. 249/- which shall be deducted from the Security Deposit and/or an equivalent amount shall be paid by the user to the delivery person who comes to pick-up the product(s).
iv. Pick-Up It is further agreed that the product(s) shall be returned in a safe and acceptable manner, only to the person designated by CLOSET ON CLOUD, who shall pick up the product(s) from your Shipping Address on or before the return date, at the time as mentioned by the user or any other person on behalf of the user in the receipt form at the time of delivery of products. In case the user wishes to change the scheduled pick up time the user may contact CLOSET ON CLOUD on the phone number(s) as mentioned in the sms/email notification which the user will receive on the day of the pick-up.
v. Return terms for Products on Sale It is hereby clarified that CLOSET ON CLOUD shall not accept any request for return of product(s) by a user for purchased products listed for sale on the site and all such orders shall be final and binding on the user placing such orders. It is explicitly clarified CLOSET ON CLOUD owes no liability to the user for any damage whatsoever caused in case of returning any order made by the user.
In the event of any cancelation(s) and/or return(s) subject to clause 17 and 18 herein above, the refund(s) to be made by CLOSET ON CLOUD to the User of the Security Deposit and/ or Subscription Fee and/or Delivery Charge and/ or any other charge(s) after deductions, if any would be made within 15- 45 days from the date of cancellation and/ or the return, depending upon the Bank/Payment Gateway Policies of CLOSET ON CLOUD and the user, respectively. All the refunds to be made are done through the Third Party Payment Gateways engaged by CLOSET ON CLOUD. However, CLOSET ON CLOUD shall not be liable in any manner, if there is any delay/ failure in the processing of the refund to be made to the user, instead it is the liability and responsibility of the Third Party Payment Gateways. It is hereby stated that CLOSET ON CLOUD will take reasonable steps to get the refunds processed in a timely manner, but, it cannot guarantee the same.
20. Returns and Cancellation on Sale
There shall be no returns and cancellations on the products available on CLOSET ON CLOUD for sale.
21. Delay in Service
It is clarified that the services and/or the site may involve deficiencies, including but not limited to omissions, interruptions, loss of data, and inaccuracies, delay in delivery and CLOSET ON CLOUD shall not have any liability on occurrence of such deficiencies in the operation of the Services and/or the site, including but not limited to any omission, interruption, loss of data, in accuracy and delay in delivery that may be experienced by you at the time of browsing or ordering any product displayed on the site. CLOSET ON CLOUD hereby disclaims any liability or responsibility for such deficiencies. CLOSET ON CLOUD shall put reasonable efforts to ensure smooth operation of the service and/or the site however, it does not guarantee against the possibility of any of the identified deficiencies in the Services and/or the site. You acknowledge that CLOSET ON CLOUD may direct any precautions to you for ensuring that there is no breach of security and integrity of the site and on such directions you shall provide the necessary support to CLOSET ON CLOUD. CLOSET ON CLOUD disclaims any responsibility for a loss that may be incurred by you due to any failed or incomplete transaction on the site.
22. Pricing Information in Case of Sale
CLOSET ON CLOUD strives to provide you with the best prices possible on products and/or services you buy from us, however, CLOSET ON CLOUD does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to CLOSET ON CLOUD pricing policy and the prices shall be determined only at CLOSET ON CLOUD's sole discretion. While CLOSET ON CLOUD strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, CLOSET ON CLOUD may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. CLOSET ON CLOUD will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that CLOSET ON CLOUD accepts your order the same shall be debited to your credit card account. The payment may be processed prior to CLOSET ON CLOUD's dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the Customer(s) under the Cash on Delivery ("COD") option.
23. Coupons Redemption
CLOSET ON CLOUD reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes (including but not limited to refer-a-friend and other types of coupons/ vouchers) it introduces in market from time to time. CLOSET ON CLOUD at its discretion can withdraw a particular scheme from the website or market. In addition to the above CLOSET ON CLOUD has a sole discretion to withdraw or terminate any coupon issued to any user at any time. In case of any query please contact us on email@example.com.
24. Offer, Schemes and Contest
CLOSET ON CLOUD shall from time to time introduce various offers, schemes or contests at different times. The terms and conditions for such offers, schemes or contests shall be separately available on the site or shall be notified to the user through mailers. CLOSET ON CLOUD reserves the right to discontinue any offer, scheme and/or contest at anytime without any prior notice. Any offer/scheme/contest accepted by the user is with a prior condition that CLOSET ON CLOUD may withdraw the said offer at anytime without any prior notice to the user. CLOSET ON CLOUD is under no obligation to wait for completion of user’s offer period before withdrawing such offer. Further, CLOSET ON CLOUD is under no obligation to pay any refund or charge for the remaining offer period, if any. In the event of any conflict between these terms and the terms and conditions pertaining to any offers, schemes or contests, such terms and conditions shall prevail. While participating and/or benefitting out of these offers, schemes or contests you hereby agree to release and hold CLOSET ON CLOUD (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys' fees, or arising out of or related to your participation in the said offers, schemes or contests.
25. Unlimited Subscription Membership
Additional terms and conditions applicable to the users who have subscribed to any of the membership plans for Unlimited subscription (“Unlimited”) are as follows:- Users who subscribe to Unlimited, will be entitled to rent up to three (3) products (2 garments and 1 accessory) at any time from a range of products designated for unlimited scheme on the site. The choice of products available for the unlimited scheme is at the absolute discretion of CLOSET ON CLOUD. Subject to your compliance with these Terms (including payment of fees) and our right to terminate Unlimited, we do not impose any limitations on the time period during which you may keep any product we have sent to you through Unlimited. In case a user subscribes to unlimited, CLOSET ON CLOUD will charge a pre-paid subscription fee which is based on the user’s chosen plan depending on the duration of the plan. The plan details and the fee (amount/charges) are available on the site under the unlimited section. The terms set forth under the “use of products” clause are applicable to the use of products under the unlimited segment also. CLOSET ON CLOUD imposes certain restrictions in placing the orders under the unlimited section which are elaborated under the restriction on placement of order clause in these terms. Unlimited subscription fees are non-refundable except as expressly set forth below. There are no refunds to a pre-paid Unlimited membership. Rental period for the products rented under this section is detailed under the “rental period” clause of these terms. The terms relating return of the products under this section are same as the terms under the Return clause of these terms and conditions. CLOSET ON CLOUD for any reason whatsoever reserves the right to modify or terminate Unlimited membership at any time without prior notice at our sole discretion. If we terminate your Unlimited MEMBERSHIP subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable subscription, or (b) continued access to Unlimited for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access to Unlimited for the remainder of that applicable period of your subscription, you will continue to have access to Unlimited during that period, except that we will not send you any Products within five (5) days of the end of that period. Prior to the end of that period (or, if we do not provide you with continued access to Unlimited, immediately upon our termination of Unlimited or your Unlimited subscription), you must also return to CLOSET ON CLOUD all Products you have received in connection with Unlimited. CLOSET ON CLOUD reserves the right not to refund the prorated subscription fee for the remainder current subscription period depending on the sole and absolute judgment of CLOSET ON CLOUD depending on various factors which may differ from case to case basis. It is further clarified that CLOSET ON CLOUD reserves the right at its sole and absolute discretion to discontinue with the unlimited membership subscription at any time without prior notice or intimation to the user(s). All the terms with respect to delivery, pick-up, return, damage and any other head which have not specifically been envisaged in this clause or mentioned specifically for the unlimited segment will be same as detailed in these terms and conditions.
The user shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto. It is hereby clarified that to the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply. CLOSET ON CLOUD shall not be liable for any damages to the user's equipment resulting from the use of the site
27. License and Access
CLOSET ON CLOUD grants you a limited license to access and make personal use of the site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the site and the framing of any content available through the site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in CLOSET ON CLOUD’s sole discretion) an unreasonable or disproportionately large load on CLOSET ON CLOUD's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by CLOSET ON CLOUD to prevent or restrict access to the site. Any unauthorized use by you shall terminate the permission or license granted to you by CLOSET ON CLOUD.
28. User Account and Security
In consideration of your use of the site, 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. You also agree to provide true, accurate, current and complete information about yourself as prompted by the site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or CLOSET ON CLOUD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CLOSET ON CLOUD has the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof). If you use the site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by CLOSET ON CLOUD. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify CLOSET ON CLOUD immediately of any unauthorized use of your account or any other breach of security. CLOSET ON CLOUD reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
29. Fraudulent Transactions
Our fraud detection team constantly monitors the user's account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and CLOSET ON CLOUD reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the site fraudulently. CLOSET ON CLOUD reserves the right to initiate legal proceedings against such persons for fraudulent use of the site and any other unlawful acts or omissions in breach of these terms. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, CLOSET ON CLOUD reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, CLOSET ON CLOUD shall owe no liability for any refunds.
30. Customer Dispute Resolution in Case of Sale of Coupons
CLOSET ON CLOUD may provide deals pertaining to any services and the same shall be redeemed by you through coupons ("Coupons") sold through the site. The Coupons sold through the site may be in the form of vouchers. In case any query pertaining to the use of Coupon/Deals, the user should notify or submit a request within 15 (fifteen) days from the date of purchase of the Deal or Coupon. CLOSET ON CLOUD will investigate and take reasonable steps to resolve and assist the user. If you fail to contact us within a period of 15 (fifteen) days, your order shall be deemed to be accurate and you hereby waive any right to dispute the order with CLOSET ON CLOUD. The Firm can decline to entertain requests after due consideration. Issues or concerns highlighted by any person/party other than the Customer will not be considered a bona fide dispute.
31. Information by the User for Lost, Stolen, Misused or Mutilated Coupon
The user must notify CLOSET ON CLOUD immediately if the Coupon is lost, stolen, mutilated, not received or if the customer suspects that the Coupon is being used without his/her consent. In the case of loss or theft of the Coupon, the user must call us at the numbers provided on the site during our hours of operation or email us at firstname.lastname@example.org. CLOSET ON CLOUD on the receipt of this information will act per its standard operating procedures. If the lost Coupon is subsequently received by the user, it should be destroyed and must not be used. Only the replacement/new Coupon issued by CLOSET ON CLOUD can be used.
As on date the content on the CLOSET ON CLOUD site and app are free of charge, CLOSET ON CLOUD reserves the right to begin charging the users to access certain/all features or content at any time, without advance notice and at our sole discretion.
33. Limitation of Liability
In no event will CLOSET ON CLOUD, its employees, officers, directors, affiliates or agents liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arise in connection with the website, app or service (or the termination thereof for any reason), even if the CLOSET ON CLOUD has been advised of the possibility of such damages. The CLOSET ON CLOUD site shall not be responsible or liable whatsoever in any manner for any content posted on the site or app (including claims of infringement relating to content posted on the website or app, for your use of the website, app and services, or for the conduct of third parties whether on the site, in connection with the services or otherwise relating to the website, app or services.
You agree to indemnify, defend and hold harmless RENTITBAE, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these Terms by you.
35. Electronic communication
When you use the site or send emails to CLOSET ON CLOUD, you are communicating with CLOSET ON CLOUD electronically. You consent to receive communications from CLOSET ON CLOUD electronically. CLOSET ON CLOUD will communicate with you by email, SMS or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
36. Disclaimer of Warranty
All content, products, and services on the site, or obtained from a website to which the site is linked (a "linked site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product and not by CLOSET ON CLOUD. Any claim in relation to the same should be raised against respective manufacturer/supplier and not CLOSET ON CLOUD in any case whatsoever. CLOSET ON CLOUD does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than CLOSET ON CLOUD, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable consumer protection law, under no circumstance will CLOSET ON CLOUD be liable for any loss or damage caused by a user's reliance on information obtained through the site or a linked site, or user's reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
37. Third Party Links
The CLOSET ON CLOUD site may contain hypertext links to websites operated by parties other than CLOSET ON CLOUD. Such links are provided for user's reference only. The CLOSET ON CLOUD does not control such websites and is not responsible for their content. CLOSET ON CLOUD’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. CLOSET ON CLOUD is not responsible for and will not be liable for damages caused either entirely or partially by the actions of any third parties.
38. Entire User Agreement
This User Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties, whether written or oral, in connection with the subject matter hereof.
39. Intellectual Property
Except in situations where it is specifically mentioned or an adverse reference is made or any proprietary stuff is held by a third party and so, out rightly mentioned, CLOSET ON CLOUD owns all Intellectual property rights for the website, admitting, without restriction, any and all rights, title and concern in and to first publication related rights, privileged rights, public service exemplars, trademarks, brand names, service marks, aims, technical knowledge, trade secrets and inventions (whether patentable or not), goodwill, source reference, higher order tags, information, text, matter, artwork, icons, and hotlinks. The user agrees to not use, multiply or administer any content from the site belonging to CLOSET ON CLOUD without getting an earlier authority from CLOSET ON CLOUD. Regardless of the foregoing, it is expressly made clear that you will hold possession and shall only be creditworthy for any content that you provide or transfer when using any service, including any text, matter, information, pictures, music, audio, video or any other material which you may transfer, transmit or store when making use of our several services. However, you expressly agree that by uploading and posting (or emailing content to us for the same purpose) content on to the site for public considering and replication use of your content by third party users, you accept the user whereby you allow a non-divided permit for the use of the same. CLOSET ON CLOUD is not associated with or is not partnering with any of the designers specified on this site. Each of the products listed on this site are owned by CLOSET ON CLOUD. The copyright and the design right of the products listed on this site are owned by the specific designer, as the case may be, and CLOSET ON CLOUD does not own and/or have any interest in the copyright and design rights associated with any of the product. All photographs used on this website are the copyright of CLOSET ON CLOUD. CLOSET ON CLOUD has undertaken its best efforts to ensure that the products listed on this site are authentic and original works of the specified designer. In any event if the user or any party believes that the products listed are not original works of arts which CLOSET ON CLOUD believes to be, CLOSET ON CLOUD holds no responsibility whatsoever for the same, user has an option of returning such product and requesting for the refund. The user shall not make any negative, defamatory or derogatory comment(s), statement(s), review(s) about the CLOSET ON CLOUD, the brand name and/ or the domain name, or otherwise engage in any conduct or action that might tarnish the image, goodwill or the reputation of CLOSET ON CLOUD. If you or any party is of the opinion that any of the products displayed on the site infringes your copyright, a request may be made to CLOSET ON CLOUD, on the details provided on the site, for removal of the said product from the site. The request shall be accompanied with a statement identifying the product which is alleged to have infringed your copyright and a statement declaring that the claims made by you are in good faith and accurate. On the receipt of such request and verification of the alleged infringement, CLOSET ON CLOUD may, at its sole discretion, remove such product from the site or take any other action as it may deem fit.
User hereby agrees that user will use the services for personal use only. User may not register for or use our service to monitor or test its performance or for other benchmarking or competitive purposes.
You must not misuse this site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and CLOSET ON CLOUD will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this site or to your downloading of any material posted on it, or on any site linked to it.
42. Termination and Survival of Terms After
CLOSET ON CLOUD may terminate this Agreement at any time. Without limiting the foregoing, CLOSET ON CLOUD shall have the right to immediately terminate any passwords or accounts of the user in the event of any conduct by the user which CLOSET ON CLOUD, in its sole discretion, considers to be unacceptable, or in the event of any breach by the user of this Agreement. Notwithstanding any other provisions of these terms, or any general legal principles to the contrary, any provision of these terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these terms.
43. Invalidity and Severability
If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
User may not assign this Agreement, or any of the rights or obligations hereunder, without CLOSET ON CLOUD’s prior written consent. CLOSET ON CLOUD may freely assign all or any part of this User Agreement and delegate all or any part of our obligations hereunder to, and may substitute CLOSET ON CLOUD, any third party, any successor, any assign in our discretion without notice to and without consent of user. Any attempted assignment or transfer by the user in violation of this Clause will be null and void.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing signed by the CLOSET ON CLOUD. In addition to the above, CLOSET ON CLOUD’s failure to insist upon strict performance of any provision of this Agreement does not mean that CLOSET ON CLOUD is waiving any of its rights under this Agreement.
46. Notice and Communications
All notices, requests and other communications required or permitted to be given hereunder shall be sent to email@example.com, if to CLOSET ON CLOUD, if to user, it shall be to the email address and/or postal address registered with CLOSET ON CLOUD.
47. Contract Interpretation
The headings used in this user Agreement do not affect the interpretation of this Agreement. "Or" is not be exclusive in its meaning. "Including" means "including, but not limited to". Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms. The headings are included for convenience only and will not limit or otherwise affect these terms herein and shall not be given any legal import.
48. Remedies for Violations
CLOSET ON CLOUD reserves the right to seek all remedies available at law and in equity for violations of these terms, including but not limited to the right to block access from a particular internet address to this site and any other site that may deem fit.
49. No Injunctive Relief
In no event shall User seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
50. Governing Law and Jurisdiction
These Terms and Conditions and the relationship between you and CLOSET ON CLOUD will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India