Terms & Conditions

LooksGud Terms of Use

Last Updated: September 19th, 2014

Please read the following terms and conditions very carefully as your use of services and products on our website www.LooksGud.in (“our Website”) is subject to your acceptance of and compliance with the following terms and conditions.

Before using our services, you must read the Terms of Use given below. If you do not agree to be bound by the terms and conditions you may not use our services or subscribe to our services. By visiting our Website you agree that you have read, acknowledged and confirmed the terms and conditions and agree at all times to be bound by them.

The term “LooksGud” is used through this entire “Terms of Use” document to refer to the Website, the company Divyam Infotech Private Limited, which owns and operates the Website, its officers, directors, employees, affiliates, group companies, subsidiaries, agents, representatives and subcontractors.

INTRODUCTION

LooksGud is India’s fashion discovery platform that shows popular products from other shopping websites on the internet. It is neither an online merchant nor does it source its own products and services. It is a user driven online shopping community that is created to provide a platform for users to collaborate, and share information ideas, views and experiences in order to make the best shopping experience. We make available products and services of different brands, merchants and dealers on a single platform to augment convenience of our users. LooksGud does not produce / purchase / manufacture any goods nor does it sell any goods. We do not promote a particular brand or work for a particular brand. Nothing contained herein shall be deemed to construe as inducement to shop a particular brand or use a particular shopping platform. Your purchase or order booking is at your sole discretion and decision shall be subject to terms and conditions of such brands, merchants and dealers. LooksGud would not be responsible, in any manner whatsoever, for any products /services ordered from our affiliated or nonaffiliated merchants. We suggest that you exercise utmost care and caution and carefully read the fine print associated with each such offer. All Products, deals, coupons and promotions on our Website are subject to change without notice. LooksGud does not guarantee or endorse the accuracy of links, coupon codes, or any deals on this Website or any products and services or their usuability, merchantability and suitability for your need and requirements. You agree to comply with all the rules and regulations that are applicable to your use of the Website, including, without limitation, those governing the transmission or use of any data, information or software.

SERVICES OFFERED

The Services provided by LooksGud shall be subject to the Terms of Use which may be updated by LooksGud from time to time. Please re-visit the link “Terms of Use” on our Website to stay abreast of any changes that we may introduce. You must be at least 18 years of age to use the Services offered by us. If you are below 18 years of age, you are strictly prohibited from registering on our Website or doing any act which leads us to believe that you are 18 years of age or above. If you are the parent or guardian of a child under 18 years of age you, provide your consent to your child’s registration with our Website and you agree to be bound by the terms and conditions of this “Terms of Use” in respect of their use of our Website. By using the Services in any manner, you are agreeing to comply with the Terms of Use contained herein.

Certain sections or pages of this Website may contain separate terms and conditions, which are in addition to these Terms of Use. We recommend that you read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those specific sections or pages.

The information and materials on our Website may contain typographical errors or inaccuracies. LooksGud reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on this Website and to suspend and/or deny access to this Website or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

ACCESS TO LOOKSGUD

Access to LooksGud through your computer/laptop as well as LooksGud applications and the software designed to support your tablet or other similar devices has been provided to give you ready and convenient access to LooksGud products and services by way of updates, notifications, news, etc. and to keep you abreast of the latest deals, discounts, discussions and trends, as it may not be possible for you to have continued access to LooksGud through your computer device. All rights, privileges, property and Intellectual Property contained in the software designed for such downloadable applications shall at all times remain the sole and exclusive property of LooksGud. You will not be authorized to copy, reproduce or license the rights contained therein or create similar software by unauthorized use of the source code/object code contained in the software or run a similar program to support other applications on your/third party’s mobile/cell phone/tablet or other communication device.

SYSTEM ERRORS

As a result of high internet traffic, transmission problems, system capacity limitations, and other problems, you may, at times, experience difficulty accessing the LooksGud Website or communicating with LooksGud through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the LooksGud Website can experience unanticipated outages or slowdowns, or have capacity limitations. Your uninterrupted and satisfactory use of our Website shall to a great extent depend on your internet service provider, uninterrupted internet connection on the computer /Laptop or data network/ Wi-Fi Connection on your mobile/cellphone/tablet. LooksGud does not guarantee continuous, uninterrupted or secure access to its Website.

LooksGud does not guarantee that any content products, deals, postings, messages, text, files, photos, videos, comments, images, or any such material ("Content") posted on our Website will be free from viruses that may have contaminating or destructive elements. Any Content may be downloaded/ used by you solely at your own risk and discretion. LooksGud shall not be liable for any harm whatsoever, caused to your computer system or loss of any data resulting from the download of such data/content. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety and reliability of the Content.

As you are aware that LooksGud does not directly source or sell the products and services offered on the Website, the modus operandi for purchasing a particular deal, voucher or merchandise would be that LooksGud will direct you to the web domain of that particular brand/merchant chosen by you and you will be required to follow the instructions for making the payment on such webpage through your credit/debit/master card. Your purchase activity may at times be interrupted due to faulty internet connection, or other electronic or wireless device, slowdowns or capacity limitations in the electronic/mobile device, or the web domain of the website to which you are re-directed to enable the payment gateway. It is expressly clarified that LooksGud is not and shall not be responsible for any loss, damage or liability incurred by you including but not limited to incorrect or higher amount charged to your account/debited, password invalidated, non-acceptance of card, amount charged or debited more than once, etc. Your payment concerning merchandise purchased shall at all times be governed by the terms and conditions of the brand/merchant from whom such purchase is made and we encourage you to refer to, read and fully understand the same before making a purchase.

Additionally, security of your credit/debit/master card, net banking password or other unique payment password, bank account number, or other bank account details(“Bank account details”) vis-a-viz. your purchase order shall also be governed by the terms and conditions of the brand/merchant from whom you purchase a particular product or service. LooksGud shall not be liable for (i) any harm whatsoever that may be caused to your computer system due to faulty internet connection or any reason whatsoever that refrains you from successfully rendering the payment (ii) loss or misuse of the Bank account details shared by you on such website due to any reason whatsoever (iii) incorrect amount charged to your account or (iv) failure by the respective brand/merchant to refund any extra amount charged to your account. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety of your Bank account details. We suggest that you exercise care and caution before sharing your Bank Account details on any web domain.

USER WARRANTY AND REPRESENTATION

LooksGud is a user driven Website which offers its users with a platform to use, benefit and share its shopping experience by participating in activities, discussions and sharing the best deals &shopping experiences with its fellow users, thereby augmenting and enriching the overall shopping experience.

By using this Website, you understand and accept that all the Content and the authenticity of such Content posted on our Website by its users or transmitted through, or linked with the Service, is the sole responsibility of the person /user from whom such Content has originated. Similarly, you would be solely responsible for all the Content that you may post. LooksGud cannot control and would not be responsible for any Content posted on the Website by its users and visitors. You hereby undertake and agree that you shall adhere to your ethical responsibility of not posting any offensive, indecent, inaccurate, bogus, misleading or otherwise objectionable Content. The users further warrant that to the best of their knowledge, no action, suit, proceeding, claim or investigation has been instituted, initiated or threatened to be instituted or initiated against any Content posted thereby.

LooksGud hereby disclaims any loss, claim, damage or liability(ies) of any kind incurred by you as a result of use of the Content posted, emailed or otherwise made available via the Service. LooksGud does not pre-screen or approve any Content posted in its discussion forums but reserves the right to delete or move any Content violating the Terms of Use or for any other reason deemed appropriate by us. You agree and confirm your awareness that we shall not be responsible for any loss, claim, damages or liability incurred by you which may arise by using such Content.

LINKS TO THIRD PARTY CONTENT

The LooksGud Website and Content available through the Services may contain features and functionalities that may link you or provide you access to third party content and web domains, which is completely independent of LooksGud, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

We have included links to these websites to provide you with access to information and services that you may find useful or interesting. We have not, reviewed, evaluated or approved these sites and we are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. Use of this website is purely your discretion and decision and nothing contained on the Website or herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. The inclusion of any linked site does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by LooksGud of any information contained in such websites and the content therein is merely an offer and not a recommendation to buy or sell any products or services.

Your interactions with organizations and/or individuals found on or through the Services, including the payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. We suggest you to exercise care and caution before using any content of such websites or before posting your personal or other information on such websites. For the said purpose you may read the ‘privacy policy’ section and ‘terms of use’ section of such websites for details concerning such websites.

LooksGud shall not be responsible or liable for any loss, claim, damage or liability of any nature incurred by you as result of your dealings with third party web domains and/or using any payment gateways associated with them. LooksGud shall not be a party to any dispute which may arise between participants on this site, or between users and any third party. In the event of such a dispute arising, you hereby release LooksGud, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any manner related to such disputes and/or our Services.

You hereby indemnify and keep indemnified, saved, defended and harmless on full indemnity basis LooksGud and all persons claiming under LooksGud (“Indemnified Persons”), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from:

THIRD PARTY DEALINGS

Deals offered or proposed to be offered to you on our Website may be posted by our users. Your continued usage of our product/service shall be deemed to be an acknowledgement of our offer made to you in this regard. Any loss, harm or damage caused or any expenditure caused or incurred in this regard shall not be attributable to LooksGud.

You may conduct whatever investigation you deem necessary and/or appropriate before proceeding with any online or offline transaction with any of these third parties.

Please note that LooksGud only provides the links to products on third party websites; therefore it cannot and would not be held responsible if the product chosen by you is out of stock on the third party site.

CONTENT AND ITS INTENDED USE

We may change the format and content of the LooksGud Website from time to time. You agree that your use of the LooksGud Website and its products and services is on an 'as is' and 'as available' basis and at your sole discretion and risk.

We do not accept any liability for any loss or claims arising from:

PRIVACY POLICY

Your personal information such as name, contact number, postal address and other details may be provided by you to LooksGud during the course of your dealings with LooksGud. Protecting such information, your registration data and certain other information about you shall be subject to our Privacy Policy. For more information, please read and understand our Privacy Policy carefully.

ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing your registration process on our Website. You would be responsible for maintaining the confidentiality of the password assigned to you and your account details and for all activities that are undertaken through your account. You agree to (a) immediately notify LooksGud of any unauthorized use of your password or account or any other breach of security, and (b) logout from your account at the end of each session.

LooksGud shall not be liable for any loss or damage arising from your failure to maintain your account and/or password.

You shall not have more than one active Account on our Website. Additionally, you are prohibited from selling, trading, or transferring your Account to another party or otherwise dealing in your account in an inappropriate, indecent or illegal manner.

USER CONDUCT

You hereby agree to not post, email, or otherwise make available Content:


 

In addition, you also agree not to:

INTELLECTUAL PROPERTY

You are not permitted to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part any Content, software, or Intellectual Property contained in the products or services or contained on the LooksGud Website or obtained from social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, Wordpress, or use such information, Content, or Intellectual Property in a searchable, machine readable database, except without LooksGud's prior written approval. If you download any information or software from our Website or social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, Wordpress, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. Intellectual Property shall mean any and all intellectual property or proprietary rights of LooksGud including any and all rights over all its data, information, techniques, methodologies and materials, and shall include all rights as applicable relating to any copyright (including rights in audiovisual works), trademarks (including logos, slogans, domain names, trade names and service marks), patents (including patent applications and disclosures), designs, proprietary computer programs and software, source code, object code, rights of priority and trade secret rights, recognized in any country or jurisdiction in the world.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Divyam Infotech Private Limited or respective third parties. You are not permitted to use the Marks without the prior consent of Divyam Infotech Private Limited or the third party that may own the Marks.

The brands/merchants whose products, services or deals are made available on our Website may be protected by intellectual property laws of India or a country outside India. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the products or services of such brands/merchants, may subject you to infringement consequences in accordance with the policies of such brands/merchants which may be enforced by them in India or outside India. LooksGud is not bound by any agreement with any of the brands/merchants for ensuring security of their intellectual property appearing on our Website. You hereby agree and undertake to be solely responsible in this regard, in the event of claims or disputes which may arise by such brands/merchants alleging infringement of intellectual property by LooksGud. You hereby indemnify and keep indemnified, saved, defended and harmless LooksGud and all persons claiming under LooksGud ('Indemnified Persons'), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands and costs that may be made and/or raised on the Indemnified Persons by any of the brands/merchants or any concerned authority (ies) and/or alleging infringement of their intellectual property contained in their brands/deals.

PRODUCT PRICING

Our Website offers services, products and deals at prices which are quoted by the respective brands/merchants/traders. LooksGud does not directly service products or sell the same on our Website. Thus discounts/sale/ coupons may only apply to those brands/deals who offer their products/brands/deals on sale or discounted prices.

You are advised to undertake your own research as regards the best price for the products or deals available. Although LooksGud updates its Website on a regular basis, we may be unaware of a particular deal which may have been withdrawn by the merchant. It may happen that the same product, of a brand may be differently priced on our Website. It is hereby clarified that LooksGud has in place a robust mechanism to stay abreast of the latest deals, prices, discounts and trends. However, we shall not in any manner be liable for any claims, damages, losses or liabilities which may arise as a result of your purchasing a product for a higher price than that available elsewhere or booking a deal which may have been withdrawn by the merchant. Your payments and refund policies shall be subject to the terms and conditions of the website they are purchased from. You are advised to undertake reasonable efforts in acquainting yourself with such terms and conditions before purchasing any product deal.

USAGE OF DISCOUNT COUPONS

LooksGud offers discount coupons of various brands and one-stop-shop websites which can be redeemed at the time of making a purchase on that particular website. Such brands/one-stop-shops are authorised “Coupon Partners” of LooksGud.

Any brand/merchant on their respective website may falsely claim to be the Coupon Partner of LooksGud. Coupons bought from our website will not be redeemable on such bogus websites. You are requested to immediately write to us in the event to come across any such bogus website. Since some of the coupons are posted by its users, you are advised to undertake reasonable efforts to ascertain the authenticity of such coupons before using them. LooksGud disclaims any claim, loss, damage or liability which may arise or be caused by using such coupons.

DEFAMATION

LooksGud is a user driven online shopping platform. Users are encouraged to participate in discussions to share their views, ideas, updates, trends and shopping experiences and benefit from the variety of discounts, deals and coupons offered. Your usage of this Website shall be governed by the “Terms of Use” contained herein and policies/conditions (if any) of the page that you may visit. Your personal information shall be protected by us in terms of the Privacy Policy of LooksGud. If you have any complaints regarding our Website or any content or products/services/deals offered or any other matter, you may write to us at admin@LooksGud.in. You hereby undertake to refrain from falsely defaming, insulting or offending LooksGud or a particular brand/merchant with the intention of falsely causing harm to the reputation of LooksGud or such brand/merchant on discussion forums or during your interaction with users or visitors. You may note that defamation is a criminal offence under the provisions of the Indian Penal Code and you may be liable for proceedings under the same, if in the opinion of LooksGud or the brand/merchant, as the case may be, your post, suggestion, feedback, comment or advice on the Website amounts to an intention to falsely defame such party.

You hereby indemnify LooksGud and keep indemnified, saved, defended and harmless on full indemnity basis LooksGud and all persons claiming under LooksGud ("Indemnified Persons"), from and against all losses and/or damages arising to LooksGud as a result of any notices, proceedings, litigations, claims, penalties, demands, made by or served upon LooksGud by the respective merchants/brands and/or judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees) allegedly arising in that regard, in whole or in part from any user attempting to defame, insult or offend any merchants/brands or by posting any content which is abusive defamatory or libellous for such merchants/brands.

LIMITATION OF LIABILITY

You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the LooksGud Website. If you are dissatisfied with the LooksGud website or with any of the terms of this “Terms of Use” document your sole and exclusive remedy is to stop using the LooksGud Website. Neither LooksGud nor any third party provider will be liable for any damages in connection with your browsing or use of the LooksGud website.

Although the information provided to you on this Website is obtained or compiled from sources which we believe to be reliable, neither LooksGud, nor directors, officers, employees, or any third-party vendor guarantee you the accuracy, completeness, comprehensiveness, timeliness or availability of any of the products, deals, services or other content provided through this Website.

Neither LooksGud, nor directors, officers, employees, or any third-party vendor shall be liable for the purchase by you of products, services or deals based on suggestions or advice shared on our discussion forums or by users and visitors of our Website or have any responsibility of any kind, for any loss or damage, direct, indirect, consequential or incidental incurred by you, in the event of any failure or interruption of the LooksGud website, or from any other cause relating to your access to, inability to access, or use of the LooksGud Website, whether or not the circumstances giving rise to such cause may have been within the control of LooksGud or of any vendors providing software or support services to LooksGud.

FORCE MAJEAURE

LooksGud shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. LooksGud shall have no responsibility to provide you access to our Website whilst such unforeseen delays or interruptions continue.

GOVERNING LAW

The terms of this “Terms of Use” document are exclusively based on and subject to the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this Website.

TERMINATION

All rights granted to you under the terms of this "Terms of Use" document will terminate immediately in the event that you breach any of such terms and conditions.

In order to do anything/undertake any activity that is not expressly permitted by the terms of this "Terms of Use" document, you will need a separate license from us. We request you to contact us at admin@LooksGud.in for the said purpose.