If you use Firebrands Service, you are responsible for maintaining the confidentiality of your account. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with during the registration process. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. Company reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
Please review our Privacy Notice, which also governs your visit to Firebrands Service, to understand our practices. The personal information / data provided to us by you during the course of usage of Firebrands Service will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
3. E-Platform for Communication
You agree, understand and acknowledge that the Firebrands Service is an online platform that enables you to purchase products listed on Firebrands and showcased during the live stream events hosted by Firebrands Service at the price indicated therein at any time from any location. You further agree and acknowledge that the Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website.
4. Access to Firebrands Service
We will do our utmost to ensure that availability of the Firebrands Service will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Firebrands Service may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Licence for Firebrands Service access
Subject to your compliance with these Conditions of Use Company grants you a limited licence to access and make personal use of Firebrands Service, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of Firebrands Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Firebrands Service or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
Firebrands Service or any portion of Firebrands Service (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of the Company and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Company’s or its affiliates' names or trademarks or Vendors trademarks without the express written consent of the Company and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by the Company and / or its affiliates, as applicable.
You may not use any Company or its Vendors logo or other proprietary graphic or trademark as part of the link without express written consent of the Company and / or its affiliates, as may be applicable.
6. Your Conduct
You must not use Firebrands Service in any way that causes, or is likely to cause, Firebrands Service or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not the Company, are responsible for all electronic communications and content sent from your computer to us and you must use Firebrands Service for lawful purposes only. You must not use Firebrands Service for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
- to cause annoyance, inconvenience or needless anxiety
7. Reviews, comments, communications and other content
Users of Firebrands Service may post comments during the live stream shopping event and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. The Company reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Firebrands Service violates these Conditions of use and, or terminate your permission to access or use Firebrands Service.
If you do post content or submit material, and unless we indicate otherwise, you
- (a) grant Company and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- (b) Company and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Firebrands Service, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through Firebrands Service; that, as at the date that the content or material is submitted to Company: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Firebrands Service policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify the Company and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
8. Claims against Objectionable Content
Because Firebrands Service lists many products for sale offered by Vendors/brand partners on the Firebrands Service and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Firebrands Service operates on a "notice and takedown" basis. If you believe that any content on Firebrands Service is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately. Once this procedure has been followed, Firebrands will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
9. Copyright, authors' rights and database rights
All content included on Firebrands Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of the Company, its vendors/brand partners, its affiliates or its content suppliers and is protected by India copyright laws. The compilation of all content on this Firebrands Service is the exclusive property of the Company and its affiliates and is protected by laws of India. All software used on Firebrands Service is the property of Shopify Inc.
You acknowledge and undertake that you are accessing the services on Firebrands Service and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Firebrands Service. You further acknowledge and undertake that you will use Firebrands Service to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, shelf life, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Firebrands. While we have taken precautions to avoid inaccuracies in content, Firebrands, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on Firebrands Service. At no time shall any right, title or interest in the products sold through or displayed on Firebrands Service vest with the Company nor shall Company have any obligations or liabilities in respect of any transactions on the Firebrands Service.
11. Indemnity and Release
You shall indemnify and hold harmless LoopNow Technologies Private Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release LoopNow Technologies Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Use of Firebrands is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use Firebrands. If you are a minor, i.e. under the age of 18 years, you shall not register as a User of Firebrands and shall not transact on or use Firebrands. As a minor if you wish to use or transact on Firebrands, such use or transaction may be made by your legal guardian or parents on Firebrands. The Company reserves the right to terminate and/or refuse to provide you with access to Firebrands if it is brought to Our notice or if it is discovered that you are under the age of 18 years or you are not eligible to execute any legal document in personal capacity.
While availing any of the payment method(s) available on Firebrand Service, we will not be responsible or assume any liability whatsoever in respect to any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction(s), or
- Exceeding the present limit mutually agreed by You and between ‘Bank(s)’, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
All payments made against the purchases/related services on Firebrands Service by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Firebrands Service will not facilitate transactions in any other form of currency with respect to the purchases made on Firebrands Service. Firebrands Service uses a third-party service provider to facilitate and collect payments (‘Payment Facility’) and Firebrands Service is not liable or responsible for any issue between You and such third-party service provider. Before shipping/delivering your order to You, the Seller may request You to provide supporting documents/details (including but not limited to government-issued ID and address proof) to establish the ownership of the payment instrument used by You for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
14. Buyer's arrangement with Issuing Bank
All Valid Credit/Debit/Cash Card and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support the Payment Facility to provide these services to the Users. All such Online Bank Transfers on the Payment Facility are also governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank.
When you visit Firebrands Service, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by email, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
17. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to Firebrands Service, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.
21. Notice for Notifying Firebrands of Objectionable Content
If you believe that any content on, or advertised for sale on, Firebrands Service contains any Objectionable Content as defined under Section 8 above, please notify us immediately by copying the Notice to the Company of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail PDF to the Grievance Officer:
Name: Lakshmi Rai-Grievance Officer
e-mail PDF: email@example.com
Subject Line: Claim of Objectionable Content
903, SBI EMP, Aparna CHS LTD,
Veera Desai, Cross Road No. 1,
Please note that this procedure is exclusively for notifying the Company of Objectionable Content on or advertised for sale on the Firebrands Service. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: Giving false, misleading or inaccurate information in the Notice to Firebrands may result in civil and/ or criminal liability.
Please read the conditions of use carefully before using Firebrands Service. By using the Firebrands Service, you signify your agreement to be bound by these conditions.
22. Conditions of Sale (between Sellers and the Customer)
Please read these conditions carefully before placing an order for any products with the Vendors on Firebrands Service. These conditions signify your agreement to be bound by these conditions.
23. Our Contract
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an email confirming receipt of your order and containing the details of your order (the "Order Confirmation Email"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you with a tracking number provided by the Vendor (the "Dispatch Confirmation Email"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation Email for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation Email.
Your contract is with us (the Vendors) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for resale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on Firebrands. You can cancel your order for a product at no cost any time within 48 (forty-eight) hours from the time of placing the order.
24. Use of Third Party Services
25. No Reverse Engineering
You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, Software used by Firebrands Service, whether in whole or in part, or create any derivative works from or of Software used by Firebrands Service.
26. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
27. Shipping Policy
Firebrands Service is committed to deliver your order with good quality packaging within a given time frame. Our Vendors ship throughout the week, except Sundays & Public holidays For Domestic shipping (Within India). Taxes such as GST are applicable at the time of order. Orders dispatched within 4-5 working days from Vendor’s warehouse are contingent upon current transport situations / limitations from the courier service . Delivery of all orders will be to the shipping address as mentioned by you at the time of placing the order. Delivery of all orders will be to the shipping address as mentioned by you at the time of placing the order. As a rule, our Vendors prefer no-contact delivery. Delivery to containment zones is disabled until further notice.
28. Cancellation and Refund Policy
Please read the item descriptions carefully. Please also understand that monitors are tuned differently and colors that you see on your screen may be close but not 100% the same in the actual product. 1. NO RETURNS/REFUND/EXCHANGE ON SALE/Discounted ITEMS. 2. The refund will be made to the same payment method done during the order placement. The refund will be initiated within 24-48 hours and will be credited as per the processing timelines of the bank/service providers. 3. We do not accept product returns unless there is a defect / damage in the product. Please write to email@example.com for any queries. 4. During this time due to COVID-19 we do not encourage exchange of products. This policy stands till further updates. 5. Company reserves the right to decline exchange requests.
Please note by purchasing from Firebrands, you are agreeing to our purchasing terms, conditions and policies.
Tracking your Order
Please write to us for queries on your order at our mail id : firstname.lastname@example.org referring to the order number.