GlamAR Terms of Use
Welcome to GlamAR!
The terms and conditions as set out herein constitute an Agreement between Shopsense Retail Technologies Limited (“GlamAR”, “we”, “us” or “our”), a company incorporated under the Companies Act, 1956, having its registered office at 1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093 which is a subsidiary of Reliance Retail Ventures Limited and any natural or legal person who access and/or uses (referred as “you”, “your”, “User”) having our website or platform at https://www.glamar.io (“Website/Platform”) in any manner, or uses any current or future service or functionality or offer made available on Platform, as updated from time to time.
The service offered by GlamAR under these Terms includes access to our Software Development Kit namely GlamAR SDK which is an augmented reality solution to help build a self-assisted try on experience that allows You to subscribe to the Platform to enable Your customer to have a live makeup virtual try on experience with Your makeup products directly on Your mobile application (“Service(s)”) GlamAR SDK is an augmented reality based solution to help build a real-time virtual try on experience for end consumers.
You are requested to read this Terms of Use carefully before using the Service including the Privacy Policy which will be updated periodically by us and shall govern Your use of the Platform.
TERMS AND CONDITIONS FOR USAGE OF PLATFORM
1.
General
1.1
Any person who accesses and/or uses the Platform in any manner (referred as “you”, “your”, “user”), shall be subject to these Terms and be bound by the policies formulated by GlamAR. If You use the Platform on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind that entity to these Terms, Your acceptance to the Terms will be deemed to be an acceptance by that entity and “You” shall be referred to that entity or domain. If you do not agree with any of the Terms, please do not use the Platform. If you have any questions about the terms, please contact at brands@glamar.io
1.2
These Terms along with Privacy Policy (“Terms”), together constitute an agreement between You and GlamAR, in connection with the access to or use of the Platform. You are requested to read these Terms carefully before accessing the Platform.
1.3
GlamAR may update/modify/amend these Terms (including any portion of it) at any time, with or without advance notice.
1.4
Using the Services or accessing the Platform constitute your consent to the Terms. By using the Platform, you signify your acceptance of these Terms and agree to be legally bound by them. If at any time, you do not agree or wish to be bound by these Terms, you may not access the Platform. These Terms supersede all previous terms and conditions communicated to you by GlamAR, for the use of the Platform and all rights and liabilities of GlamAR with respect to any Services to be provided will be limited to the scope of these Terms.
1.5
This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.6
In addition to these Terms, you may be required to comply with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that GlamAR shall not be held liable for any transaction between the User and any such third parties.
2.
REGISTRATION
2.1
It is very simple! All you need is to Sign up on the Platform by using your email id and filling up basic information including your full legal name, current address, phone number, a valid email address, and any other information indicated as required and your GlamAR account is created! Registration is a one-time process and is free of cost. GlamAR may reject your application for opening an account or may cancel an existing account, for any reason, in its sole discretion.
2.2
You are responsible for maintaining confidentiality and security of the password and for all activities that occur in and through Your account, and that GlamAR and its affiliates/partners will not be liable for any loss or damage from Your failure to maintain the security of Your Account and password.
2.3
On completing the registration process, You shall be entitled to access the GlamAR SDK Dashboard to avail of the Services.
3.
USER WARRANTIES AND RESTRICTIONS
3.1
You may use the Platform for reasonable and lawful purposes only, and shall not indulge in any activity that is unlawful or harmful to the Platform or its content. You are provided with a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Terms.
3.2
You will not:
3.2.1
Delete or modify any content on the Platform, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the you do not own or have express permission to modify;
3.2.2
Decompile, reverse engineer, or disassemble the content
3.2.3
Use the Services in any way that is unlawful, or harms GlamAR or any other person or entity, as determined in GlamAR’s sole discretion;
3.2.4
Using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms
3.2.5
Make false or malicious statements against the Services, the Platform or GlamAR
3.2.6
Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform and/or the Services
3.2.7
Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
3.2.8
Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.
3.3
Do not host, display, upload, modify, publish, transmit, update or share on or through the Platform, any information that:
3.3.1
belongs to another person and to which they do not have any right
3.3.2
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
3.3.3
harms minors in any way
3.3.4
infringes any patent, trademark, copyright or other proprietary rights
3.3.5
violates any law for the time being in force;
3.3.6
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
3.3.7
impersonates or defames another person
3.3.8
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
3.4
You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to their account. You are requested to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your Account Information current and accurate. You agree to: (a) immediately notify GlamAR of any unauthorized use of the account or any other security breach; and (b) ensure that they exit from their account at the end of each session. GlamAR will not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to GlamAR or any other user due to unauthorized use of your account, resulting from the failure to keep your Account Information secure and confidential.
3.5
You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Platform.
3.6
You represent and warrant to GlamAR that: (a) you are 18 (eighteen) years of age or older or duly authorized by your legal entity or organization; (b) your use of the Platform and/or Services will not violate any applicable law or regulation; and (c) all information that is submitted to GlamAR in connection with the Platform and/or Services is true and accurate
4.
CONTENT ON PLATFORM
4.1
All information, content and material contained on the Platform are and continue to be GlamAR’s or relevant third party intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to GlamAR or relevant third party. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorized use terminates the permissions granted in these Terms.
4.2
The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of GlamAR or its affiliates or relevant third party (“Content”), and are protected under copyright, trademark and other applicable laws. The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
4.3
GlamAR authorizes you to view and access Content solely for accessing the Service. GlamAR, therefore, grants to you a limited, revocable license to access and use the Services. This license does not include permission for carrying out any resale of the Service or of the Platform or of Content.
5.
MANNER OF USE OF PLATFORM
5.1
GlamAR is an SDK (Software Development Kit).
5.2
You agree to use the Services solely for the purpose for which the Services are provided and as mutually agreed with us.
5.3
You shall not (and shall not allow any third party to) during and after accessing the GlamAR SDK:
5.3.1
sublicense, distribute, copy, modify, adapt, translate, or prepare derivative works from the GlamAR SDK
5.3.2
register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with the GlamAR SDK
5.3.3
reverse engineer, disassemble, or decompile any software or otherwise attempt to discover any source code or trade secrets related to the GlamAR Services
5.3.4
remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included in the GlamAR SDK.
5.3.5
remove, alter or obscure any proprietary notices provided in the Platform and/or the Services.
5.4
While accessing the Platform, You agree not to submit or upload any material that is illegal, misleading, defamatory, indecent or obscene, threatening, infringing of any third party proprietary rights, invasive of personal privacy or otherwise objectionable (collectively, “Objectionable Matter”).
5.5
You will be solely responsible for uploading or submitting any Objectionable Matter on the Platform and shall indemnify GlamAR against any loss, expense, liability, claim sustained or incurred as a result of the Objectionable Matter.
5.6
GlamAR reserves the right to adopt and amend rules for the permissible use of the Platform at any time, and you shall be required to comply with such rules. You shall also be required to comply with all Applicable Laws regarding privacy, data storage etc., or any other policy of GlamAR, as updated from time to time.
5.7
GlamAR reserves the right to terminate your account and your access to the Platform, without notice, if you commit any breach of this clause.
5.8
GlamAR allows you to upload data/content to it. All user data uploaded or submitted by you to Your Account, shall be your sole property. You retain all rights in the data uploaded by You on the GlamAR SDK and shall remain liable for the legality, reliability, integrity, accuracy and copyright permissions thereto of such data.
5.9
GlamAR will use commercially reasonable security measures as required under Applicable Laws to protect your data against unauthorized disclosure or use, but does not guarantee security of your data. If your data is damaged or lost, GlamAR will use commercially reasonable means to recover such data. You agree that you are entering into this engagement in full knowledge of the same.
5.10
You shall not reverse engineer the GlamAR SDK or other technology, circumvent, disable or otherwise interfere with security-related features or any digital rights management mechanisms of the software development kit.
6.
DISCLAIMER OF WARRANTIES
6.1
GlamAR will try to make access to and use of the Platform error-free. However, your access to the Platform may be suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that GlamAR does not take responsibility for any access or use problems that arise from internet related issues at your end. GlamAR reserves at all times, the right, at its sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at its discretion.
6.2
The Platform may contain User Generated Content (UGC) which GlamAR does not pre-screen and which contains views that may be opinions of users and also of experts. GlamAR does not claim any ownership rights to the text, files, images including photos, videos, sounds, musical works or any user generated content that you may submit or publish on the Platform. After posting any UGC on the Platform, you continue to own the rights that they may have in that UGC, subject to the limited license set out herein below. Fynd will do its best to monitor, edit or remove such user generated content where it considers it appropriate or necessary to do so. GlamAR does not promise that any user generated content on the Platform is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
6.3
As a means to assist you, GlamAR may provide visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, GlamAR disclaims any guarantee or warranty of exactness of such visual representation or description of the Service, with the actual Service ultimately delivered to you.
6.4
The Services included on or otherwise made available to you through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. GlamAR does not covenant or warrant that:
6.3.1
the Services will be made available at all times
6.3.2
the operation of the Platform, including the functions contained in any content, information and materials on the Platform or any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components
6.3.3
the Content available on the Platforms is complete, true, accurate or non-misleading; anthe Content available on the Platforms is complete, true, accurate or non-misleading
6.3.4
the Services are of specified merchantability, merchantable quality and fit for use for a particular purpose.
7.
INDEMNIFICATION AND LIMITATION OF LIABILITY
7.1
You agree to indemnify, defend and hold harmless GlamAR, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from the your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of GlamAR or any third-party. GlamAR will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide GlamAR with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
7.2
To the fullest extent permitted by law, in no event shall GlamAR or any of its directors, officers, employees, agents or content or service providers (collectively, the “GlamAR Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, provision of information via the Platform, lost business, even if such GlamAR Representatives have been advised of the possibility of such damages.
7.3
In no event shall GlamAR Representatives be liable for:
7.3.1
the use or inability to use the Platform and/or the Services
7.3.2
any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform
7.3.3
any unauthorized access to or alteration or transmissions of SPI or other user data
7.3.4
any other matter relating to the Platform or the Services
7.4
GlamAR is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. GlamAR is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform.
7.5
None of the directors, officials or employees of GlamAR shall be personally liable for any action in connection with the Platform or the Services.
8.
ACCESS OUTSIDE THE REPUBLIC OF INDIA
8.1
GlamAR makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Your use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
9.
COMMUNICATION AND UNSUBSCRIPTION
9.1
You hereby understand that with your registration onto the Platform, you may receive notifications from GlamAR in the form of SMS messages on their registered mobile number or e-mails. These notifications could relate to their registration, transactions that they carry out through the Platform and/or promotions. Further, GlamAR may also send notifications and reminders to them with respect to their activity on the Platform, in relation to the Services. Please note that while GlamAR endeavors to provide these notifications and reminders to you, GlamAR does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you. The User can unsubscribe / opt-out from receiving communications, newsletters and other notifications from GlamAR at any time by following the procedure set forth on the Platform.
10.
TERM AND TERMINATION
10.1
These Terms shall be effective from the date of their publication on the Platform.
10.2
GlamAR reserves the right to suspend or terminate its Services in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by you or if GlamAR is unable to verify or authenticate any information submitted by you.
10.3
You may terminate the Agreement at any time by discontinuing the use of the Platforms or Services. By terminating the usage or the Agreement you will be obligated to pay for Service availed on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
11.
FORCE MAJEURE
11.1
GlamAR will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond GlamAR’s reasonable control.
12.
WAIVER
12.1
These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.
13.
FORCE MAJEURE
13.1
No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by GlamAR. Any consent by GlamAR to, or waiver of a breach by the User, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
14.
WAIVER
14.1
No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
15.
SEVERABILITY
15.1
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
16.
GOVERNING LAW AND DISPUTE RESOLUTION
16.1
These Terms, all transactions consummated between you and Fynd and the relationship between you and Fynd is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
17.
NON-COMPETITIVE USE
17.1
You shall not use the GlamAR SDK to
17.1.1
build a competitive product or service and/or for obtaining a competitive advantage against GlamAR
17.1.2
make or have a product with similar source-code, features, functions or graphics of the Platform
17.1.3
make derivative works based on the Platform / Services
17.1.4
copy any features, functions or graphics of the Platform / Services.
18.
PRICING FOR SERVICES
18.1
This is a free service upto ten Stock Keeping Units (hereinafter referred to as “SKU” or “SKUs”). Thereafter, this is a paid version depending on the SKUs. You will be liable to pay following pricing depending on the requirements of Your organisation.
18.2
The Services are provided to You via the internet and/or cellular networks, relevant internet charges and network or data charges, roaming charges, etc., applicable for Your use of the internet shall apply (over and above the Fees) while accessing the GlamAR SDK. You accept responsibility for all such charges that may arise due to Your use of the GlamAR SDK.
18.3
GlamAR does not provide refunds.
19.
Feedback or Concern
19.1
If the User has any concerns, feedback, review or any request, the User is free to contact the Company at Customer care id: brands@glamar.io or you can write to us at our below mentioned address;
Company Details:
Shopsense Retail Technologies Limited
CIN: U52100MH2012PTC236314
1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar,
Kondivita, Andheri East, Mumbai 400093
GlamAR in a Glimpse
