Terms Of Use

This document, i.e., the Terms of Use (“Terms”) contains the terms and conditions between Super Kol Commerce Pvt. Ltd., (“we”, “our”, “us”) that owns and controls the brand known as ‘Famerce’ and you the user of the Website (“User”, “you”, “your”). Super Kol Commerce Pvt. Ltd. is a company registered under the Indian Companies Act, 2013, having its registered address at 1st Floor Jer Mansion, B-Block, at Vaman Pundalik Varde Marg, Bandra (West), Mumbai 400050.

To make this reader-friendly, we have divided these Terms of Use into four sections. These are:

  1. Acceptance of the Terms
  2. Terms of Use of the Website
  3. General Terms & Conditions
  4. Legal Terms & Conditions

1. Acceptance of the Terms

We offer usage of this Website for subsequent association with you (“Website Services”), conditional to your acceptance of these Terms. Your acceptance of these Terms is essential for us to provide our Services safely and seamlessly, in accordance with the applicable law(s).

Please read these Terms very carefully. If you do not agree to these Terms, Super Kol Commerce Pvt. Ltd. will not be able to provide the Website Services to you. By accessing the Website and signing up through our “Sign-Up” feature, you represent that you have read the Terms and agree to be bound by the same.

These Terms, together with the Privacy Policy constitute a legally binding agreement (“Agreement”) between you and Super Kol Commerce Pvt. Ltd.

We may amend/modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Website. We will, wherever possible, attempt to notify you of any changes to the Terms by way of push notifications and/or pop-ups and/or e-mails. Your continued use of our Website Services will constitute your agreement to any changes we make.

If you do not agree to the Terms as may be modified from time to time, you have the option to not avail or discontinue from availing our Website Services.

2. Terms of Use of the Website

Legal age and Eligibility: In order to avail of our Website Services, you must be of legal age or the legal guardian of a minor, and eligible to enter into a binding contract with us, as per the laws applicable to you.

Corporate User: If you are availing our Website Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and Super Kol Commerce Pvt. Ltd. for any violations of the Agreement.

Restrictions: When using our Website, you undertake not to:

  • Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract, or other rights; tortious; false or misleading; defamatory; libellous; hateful; or discriminatory;
  • Violate the rights of Super Kol Commerce Pvt. Ltd. or others including patent, trademark, trade secret, copyright, moral rights, privacy, publicity, or other proprietary rights;
  • Harm minors in any way;
  • Impersonate or attempt to impersonate any person or entity;
  • Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer, digital network or a computer network;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the Website software;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including our servers, networks, or accounts;
  • Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, e-mail addresses, or other data from the Website, or to circumvent or modify any security technology or software that forms part of the Website;
  • Post, upload, or otherwise transmit an image or video of another person;
  • Download, save or share any images, descriptions, etc. being part of the Website Content (as defined below) or copy, manufacture, or sell any of our designs, for any reason whatsoever, or use our Services for commercial purposes;
  • Use the Website in a manner inconsistent with any and all applicable laws;
  • Attempt, facilitate, or encourage others to do any of the foregoing.

Super Kol Commerce Pvt. Ltd. reserves its right to restrict, suspend or terminate your access or use of the Website for violation of any of the aforesaid restrictions or for any other unlawful or inappropriate conduct.

Privacy Policy

When you use the Website, we will collect certain information from you as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference.

Grievance Redressal

For any queries or grievances in relation to the Website, you may contact our Grievance Redressal Officer at support@famerce.com or by writing to us at the following address: [insert detail].

General Terms & Conditions

Eligibility and Application

Famerce is a platform for qualified influencers to reach out to us for the purpose of marketing our products. A “qualified influencer” means an individual who is well known amongst the Indian population due to their online presence on social media platforms YouTube and Instagram.

On submission of required details on the Website, we will notify the applicant by e-mail as soon as possible to acknowledge that we have received and are processing the application.

Please note, the decision to offer the opportunity to associate with us is entirely discretional and we are not bound to accept every application by a qualified influencer. Mere submission of the influencer’s details through the Website does not bind Skol Commerce Pvt. Ltd. to reply to and/or accept the influencer’s application.

In the event we accept an application, we will contact the influencer to offer all further information and terms of working with us including expected marketing campaigns, rate of returns etc. To help the influencer make an informed decision, we will deliver relevant samples of our products to her/him, at their request. The duration of our contract with the influencer will start only after they execute a separate contract confirming their acceptance of such terms.

In case the influencer is a minor, he/she should be accompanied by a legal guardian during application and through all the stages of discussions with us.

Intellectual Property Rights and Ownership

For purposes of this Agreement “Website Content” shall mean the Website, and all information and/or content that you see, hear, or otherwise experience on the Website including but not limited to product designs, text, graphics, images, software, audio, video, stills, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Website.

All the products and the Website Content are the property of Super Kol Commerce Pvt. Ltd and are protected by Indian and international copyright, trademark, and other laws. We own or have the license to use all the intellectual property rights relating to the Website Content and the products, including their designs. You agree that by virtue of your use of our Website or association with us, you do not acquire ownership in the products and/or any intellectual property rights vested with Super Kol Commerce Pvt. Ltd.

We hereby grant you a limited license to access and make personal use of our Website, subject to conditions, inter alia, in this section 2.

You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the Website Content, except as expressly permitted in the Agreement, without Super Kol Commerce Pvt. Ltd.’s express prior written consent.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any rights you may have in your information for the purposes, as more particularly stated in our Privacy Policy.

Legal Terms & Conditions

Disclaimers

We attempt to be as accurate as possible, however, we cannot guarantee that any and all data on the Website, including product details are error-free, reliable or complete. We expressly disclaim any liabilities and warranties regarding security, accuracy, reliability of the Website or that the Website will be error-free or that any errors will be corrected. No information provided to you by Super Kol Commerce Pvt. Ltd. will create any liability or warranty that is not expressly stated in the Agreement.

Super Kol Commerce Pvt. Ltd. does not accept or assume any liability in case of interruption of its Services through this Website, as a result of any maintenance issues or upgrades, emergency repairs, or failure of telecommunications links and equipment or events that are beyond our control. We make every effort to ensure that our computer infrastructure is virus-free, but we do not warrant that the Website will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks. We shall not be liable for any damages to the User’s equipment resulting from the use of the Website.

We have partnered with third-party courier services for the purpose of delivering our products, samples, etc. We specifically disclaim any liabilities and warranties with respect to the delivery of the products, sample etc. to you, arising due to the services rendered by such third-party service provider.

The Website may be integrated with or may otherwise interact with third-party servers, applications, websites, etc. (“Third-Party Services”). Your use of these Third-Party Services will be governed by and subject to their respective terms and conditions and privacy policies. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any third-party application or for any transaction, you may enter into with the provider of any such Third-Party Services, nor do we warrant the compatibility or continuing compatibility of the third-party applications with the Website.

The Website may contain hyperlinks to external websites owned and operated by third parties. We have no responsibility in relation to the accuracy, completeness, and quality of the information contained within such third-party sites, and you access these sites at your own risk. Any and all contents on such third-party sites do not reflect the services or information provided by us. Please note that when you use third-party services, their own terms of use and privacy policies will govern your use of those services. References to any external links should not be construed as an endorsement of the links or their content by us.

Indemnity

You agree to indemnify, defend and hold harmless Super Kol Commerce Pvt. Ltd, its partners, licensors, or affiliates from and against any claims, losses, expenses, or costs arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

Limitation of Liability

To the maximum extent permissible by applicable laws, in no event will Super Kol Commerce Pvt. Ltd. and/or its partners be liable to you for any damages whatsoever, including without limitation, indirect, incidental, special, punitive, or consequential damages, or lost profits, arising out of, or in connection with, your use of the Services and/or the Website, whether the damages are foreseeable, and/or whether or not we have been advised of the possibility of such damages in advance. In the event you are in a jurisdiction that does not allow the limitation of liability in the manner stated hereinabove, this limitation shall not apply to you.

Except as otherwise required by applicable law, any claim or cause of action you may have against us must be brought to our attention within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.

We and/or our partners shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, an act of God, industrial action, embargo or a delay, failure or default by you, your wireless carrier, or any other supplier of goods or services to us or to you.

Governing Law and Jurisdiction

The Agreement shall be strictly governed by and constructed in accordance with the laws of India, the Courts of Mumbai, India shall have exclusive jurisdiction over any disputes arising from the Agreement or use of the Website.

Miscellaneous:

  1. No injunctive relief: To the maximum extent permissible under applicable law, you shall not have the right to seek an injunction or injunctive relief against us for any reason whatsoever. This section shall survive the termination of the Agreement.
  2. Severability: In the event that any term, condition, or provision of the Agreement is held to be a violation of any applicable law, statute, or regulation the same shall be deemed to be deleted from the Agreement and shall be of no force and effect and the Agreement shall remain in full force and effect as if such term, condition, or provision had not originally been contained in the Agreement.
  3. Notices: Notices by you to us hereunder shall be invalid unless made in writing and duly signed, and sent to our e-mail address or to the mailing address provided below.
  4. Assignment and Delegation: You cannot transfer your Account or assign any of your rights or delegate any of your obligations under the Agreement. We may freely transfer, assign or delegate the Agreement or our rights and duties under the Agreement.
  5. No Waiver: Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
  6. Headings: The section headings are for convenience only and shall not limit, govern, or otherwise affect the interpretation or construction of the Agreement in any way.
  7. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the within-subject matter and supersedes any previous understanding, document, e-mail between the parties. This Agreement shall only be modified in writing, executed by both parties.
  8. Prevailing Language: The English language version of these Terms shall be decisive in all respects and shall prevail in case of any inconsistencies with translated versions if any.

SUPER KOL COMMERCE PVT. LTD.

7 Jer Mansion, B-Block

Vaman Pundalik Varde Marg

Bandra (West)

Mumbai - 400050