Terms of Use

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.

In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Loomindia.

1. Introduction:

a) loomindia.com(“Website”) is an Internet based content and e-commerce portal licensed by Loomindia, a company incorporated under the laws of India.

b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

2. User Account, Password, and Security:

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Loomindia.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Loomindia.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

3. Services Offered:

Loomindia.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise such as clothing, footwear, Handicraftsq and accessories from various fashion and lifestyle brands (collectively, “Products”). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. (which are found on the following URL http://www.loomindia.com/faqs), and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.

4. Privacy Policy:

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Loomindia.com. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.

5. Limited User:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Loomindia’s name is stated as the source and prior written permission of Loomindia.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

6. User Conduct and Rules:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

(a)  defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

(b)  publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

(c)  upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;

(d)  upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;

(e)  conduct or forward surveys, contests, pyramid schemes or chain letters;

(f)  download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

(g)  falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(h)  violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

(i)  violate any applicable laws or regulations for the time being in force in or outside India; and

(j)  violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

7. User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Loomindia.com.

8. Exactness Not Guaranteed:

Loomindia.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that Loomindia.com will send an approval request via the email address, which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Loomindia.com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.

9. Intellectual Property Rights:

  1. a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Loomindia.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Loomindia.com without obtaining authorization from Loomindia.com.
  2. b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

10. Links To Third Party Sites:

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Loomindia.com or the Website and Loomindia.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Loomindia.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Loomindia.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Loomindia.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

11. Disclaimer Of Warranties/Limitation Of Liability:

Loomindia.com has endeavoured to ensure that all the information on the Website is correct, but Loomindia.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Loomindia.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Loomindia.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Loomindia.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Loomindia’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

12. Indemnification:

You agree to indemnify, defend and hold harmless Loomindia.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Loomindia.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

13. Pricing:

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Loomindia’s discretion.

14. Shipping:

Title and risk of loss for all products ordered by you shall pass on to you upon Loomindia’s shipment to the shipping carrier.

15. Termination:

a)   Loomindia.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.

b)  Notwithstanding Section 15.a above, these Terms will survive indefinitely unless and until Loomindia.com chooses to terminate them.

c)   If you or Loomindia.com terminates your use of the Website or any Service, Loomindia.com may delete any content or other materials relating to your use of the Service and Loomindia.com will have no liability to you or any third party for doing so.

d)  You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

16. Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Kolkata,West Bengal.

17. Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

18. Report Abuse:

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to reportabuse@Loomindia.com.

20. Terms of Use

  • ELIGIBILITY, MEMBERSHIP, ACCRUAL
    • 1. These terms and conditions are operational only in India and open to participation of all the registered members, resident of India of Loomindia.com, over and above the age of 18 years.
    • 2. The program may be extended to other geographies and other audiences at Loomindia’s discretion.
    • 3. Membership will be offered to the MY Privilege(program brand name)
    • 4. New Customers will gain membership to the program on registration. All existing customers are given a free membership to the program
    • 5. Membership will be identified by a single registered email id confirmed by the registered member at time of first login on the Loomindia’s webpage.
    • 6. Two email id’s cannot be combined under a single membership.
    • 7. Membership will be activated for existing and new members/customers as follows:
  1. Activated by default.
  2. For new customers/member – on registering with Loomindia.com.
  • 8. Membership is valid for life until such time as Loomindia.com decided to terminate this loyalty programme, with or without notice to its members. Accumulation of points shall cease immediately on termination of this programme, but points already accrued shall be redeemable for 60 days.
  • 9. Once membership is activated, the member starts earning points whenever they purchase products on Loomindia.com.
    • 9.1. Points will be at a certain percent of the purchase value specified by Loomindia.
    • 9.2. The percent may vary by product, brand etc at the discretion of Loomindia.
    • 9.3. Loomindia points are not legal tender, have no monetary value and cannot be bartered or sold for cash.
    • 9.4. Points can be redeemed for products on Loomindia.com or any other products specified by Loomindia at an exchange rate of 1 point being equivalent to Rs 0.50.
    • 9.5. All points have the same exchange value.
    • 9.6. This exchange rate can be changed from time to time at Loomindia’s discretion.
    • 9.7. Points will be valid for a 12 month period on a rolling month (end of month) basis.
    • 9.8. Points will be credited to the member’s account immediately after the successful acceptance of the order.
    • 9.9. Fractional points will be rounded off to the next highest integer. Example: if total points is greateer than 99, but less than 100, it shall be added as 100 points.
  • TIER SYSTEM FOR MEMBERS/CUSTOMERS
    • Members/customers will be slotted into tiers based on total amount purchased on Loomindia
      • 1.1. New customers will enter into the Silver Membership(BASE TIER) of the program.
      • 1.2. If a customer purchases worth Rs. 3000 (total net bill value after all discounts) in a six month period he/she shall be upgraded to the Gold Memebership (MIDDLE TIER).
      • 1.3. If a customer purchases worth Rs. 8000 in a six month period he/she will upgrade to the Platinum Membership (TOP TIER).
      • 1.4. Tiers will be branded with names – and the thresholds may change from time to time at Loomindia’s discretion
      • 1.5. Existing customers as of launch of the program(May 2015 ??? ) may be invited to join the program directly into a tier based on the total net bill value of purchases in the six months before program launch
        • 1.5.1. Rs. 6000 in 6 months – Gold Membership
        • 1.5.2. Rs. 9000 in 6 months – Platinum Membership
      • 1.6. Points earned increase with tier at a specified percent value.
      • 1.7. Once a tier is attained it can be retained for 12 months.
      • 1.8. At the end of 12 months, member tiers will be revalidated based on prevailing revalidation criteria.
      • 1.9. Members not fulfilling revalidation criteria will be downgraded to one tier lower than the current tier.
      • 1.10. Tier will be upgraded the moment the member attains a higher threshold based on 6 months purchase.
    • GENERAL TERMS AND CONDITIONS
      • 1. Each member is responsible for remaining knowledgeable about the Loomindia Program Terms and Conditions and the number of points in his or her account.
      • 2. Loomindia will send correspondence to active members to advise them of matters of interest, including notification of Loomindia Program changes and Points Updates.
      • 3. Loomindia will not be liable or responsible for correspondence lost or delayed in the mail/e-mail.
      • 4. Loomindia reserves the right to refuse, amend, vary or cancel membership of any Member without assigning any reason and without prior notification.
      • 5. Any change in the name, address, or other information relating to the Member must be notified to Loomindia via the Helpdesk/email by the Member, as soon as possible at support@Loomindia.comor call at +91-80-43541999 24 Hours a Day / 7 Days a Week.
      • 6. Loomindia reserves the right to add,modify,delete or otherwise change the Terms and Conditions without any approval, prior notice or reference to the Member.
      • 7. In the event of dispute in connection with Loomindia Program and the interpretation of Terms and Conditions, Loomindia’s decision shall be final and binding.
      • 8. This Policy and these terms shall be read in conjunction with the standard legal policies of Loomindia.com, including its Privacy policy.