Superfie Terms and Conditions

Thanks for choosing to browse and shop with Superfie. Please read these Terms and Conditions, which contain important information about your relationship with Superfie, including mandatory arbitration of disputes between us, instead of class actions or jury trials. You will become bound by these provisions once you accept these Terms and Conditions.

The Superfie Web site located at www.Superfie.com is a copyrighted work belonging to SQUARE ENTERPRISES (“Superfie”). Superfie provides an online store offering something special every day.

style=”text-align:justify;”By clicking “sign in” and entering or otherwise using our Web site or mobile applications (the “Web site”), you agree to and accept these Terms and Conditions. You also agree to and accept our Notice of Privacy Practices , which describes how we use the information you provide Superfie and is incorporated into these terms and conditions by reference. Please read the Terms and Conditions and our Notice of Privacy Practices carefully as you are agreeing to be bound by them.

TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH SUPERFIE. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, BECOME A SUPERFIE MEMBER, OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.

style=”text-align:justify;”SUPERFIE RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE ANY WEB SITE OR ANY WEB SITE FEATURE WITH OR WITHOUT NOTICE. YOU AGREE THAT SUPERFIE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEB SITE.

1 Accounts

1.1 Account Creation. In order to use certain features of the Web site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Web site), you must register for an account with Superfie (“Superfie Account”) and provide certain information about yourself as prompted by the Web site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Web site does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your Superfie Account at any time, for any reason, by unchecking the e-mail preference box on the “My Account” section of the Web site. Superfie may suspend or terminate your Superfie Account in accordance with Section 11.

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Superfie Account login information. You are fully responsible for all activities that are associated with your Superfie Account (including but not limited to any purchases, use of the Web site, or correspondence from your account to Superfie). You agree to immediately notify Superfie of any unauthorized use or suspected unauthorized use of your Superfie Account or any other breach of security. When you provide Superfie with such notice, Superfie will suspend or otherwise secure your Account to prevent future unauthorized activity.

2 Terms of Sale

2.1 Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.

Unless otherwise noted, the “Suggested value” strike-through price displayed for products on our Web site is based on the suggested retail price for the product provided to Superfie by our vendor or the price advertised by another retailer for the same item or style (which may include a different color or pattern). The strike-through price is not a price at which Superfie previously sold the product. Because we sell our products over the Internet nationwide and internationally, the strike-through price may or may not represent the prevailing price at any particular time or in every location, and we make no promises about the reliability or accuracy of any such information.

Some of our vendors provide merchandise to Superfie that is not widely sold elsewhere or that is exclusive to Superfie. For items in this category that are similar – but not identical – to products sold through other retailers, we use the phrase “Compare at” next to the strike-through to indicate your savings. This “Compare at” price represents the vendor’s estimated original retail value of a comparable item of the same quality, construction and material offered elsewhere. While pricing is not an exact science, our Superfie team has years of retail experience and partners with our vendors to determine whether an item is comparable based on the type and quality of the material, and the construction of the item. Ultimately, our “Compare at” price is an estimate of the original retail price of comparable items.

For items that we offer as a set, the strike-through price is based on the total of all the suggested retail prices for each item in the set. For clothing items that are priced higher for larger sizes, we average the prices across sizes to determine the strike-through price.

For international sales of products from the INDIA to a foreign jurisdiction, the strike-through price reflects the exchange rate conversion from the INDIA strike-through price plus, if applicable, an adjustment for additional international surcharges that cover items such as taxes, duties, and shipping. As a result, the strike-through price you see may be different than what you see at another retailer that uses a different methodology for calculating international surcharges or for which no surcharges apply.

The “you are saving” amount is based on the strike-through price compared to the Superfie price.

Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.

3) General

These Terms of Use have been executed and delivered by you and constitute a valid and binding agreement between you and Superfie, enforceable against you in accordance with their terms. You represent that (1) you are at least 18 years of age, (2) you are not incapacitated to form a binding contract, (3) in case you are registering as a member on behalf of a corporate body, you represent that you have the requisite authority to bind such corporate body and (3) that all of the information, data and other materials you provide on this Site or to Superfie through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

You shall establish and use your membership on the Site, and purchase and use the products and services available through the Site in strict compliance with these Terms of Use and all applicable policies, laws, rules and regulations. All calls, emails and other communications between you and Superfie may be recorded.

Superfie strictly prohibits any other use of any content available through the Site, including but not limited to:

  1. any downloading, copying or other use of the content or the Site for purposes competitive to Superfie or for the benefit of another vendor or any third party;
  2. any caching, unauthorized linking to the Site or the framing of any content available on the Site;
  3. any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property rights of another party);
  4. any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
  5. using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
  6. any action that imposes or may impose (in Superfie’s sole discretion) an unreasonable or disproportionately large load on Superfie’s infrastructure, or damage or interfere with the proper working of our infrastructure.

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Superfie.

Superfie reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Superfie neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Superfie. Termination of your access or use will not waive or affect any other right or relief to which Superfie may be entitled, at law or in equity.

Disclaimers

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, OR REQUIRED BY APPLICABLE LAW, SUPERFIE MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF SUPERFIE MEMBERSHIP, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SUPERFIE DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

Limitation of liability

YOU ACKNOLWEDGE AND AGREE THAT SUPERFIE MERELY PROVIDES THE SITE AND THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE SUPERFIE SITES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SUPERFIE. SUPERFIE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF SITE’S MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. WITH RESPECT TO THIRD PARTY USER GENERATED CONTENT, SUPERFIE NEITHER ORIGINATES NOR INITIATES ANY TRANSMISSION ON THE SITE NOR SELECTS THE SENDER AND RECEIVER OF A TRANSMISSION NOR SELECTS NOR MODIFIES THE INFORMATION CONTAINED IN A TRANSMISSION. SUPERFIE HAS NO CONTROL OVER THE THIRD PARTY USER GENERATED CONTENT IN THE SITE AND ACTS AS AN “INTERMEDIARY” AS UNDERSTOOD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 WITH RESPECT TO ALL THIRD PARTY USER GENERATED CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SUPERFIE NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR SUPERFIE MEMBERSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS); (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE SITE; (5) ANY FRAUDULENT ACT COMMITTED BY ANY PERSON USING THE SITE WHICH MAY OR MAY NOT INVOLVE FINANCIAL TRANSACTIONS, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUPERFIE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER SUPERFIE NOR ITS LICENSORS, SUPPLIERS, FRANCHISEES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH SUPERFIE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND SUPERFIE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE, SUPERFIE’S TOTAL LIABILITY TOWARDS YOU FOR ALL LIABILITIES ARISING FROM YOUR USE OF THE SITE OR PURCHASING PRODUCTS USING THE SITE SHALL NOT, BE IT IN TORT OR CONTRACT, EXCEED THE AMOUNT PAID BY YOU TO SUPERFIE’S FRANCHISEES AGAINST THE VALUE OF THE PRODUCTS ORDERED BY YOU USING THE SITE.

Indeminities

You will indemnify and hold harmless Superfie, its licensees, subsidiaries, affiliates, and their employees, directors, officers, agents and representatives (“Indemnified Parties”) from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by such Indemnified Parties, and shall defend such Indemnified Parties against any and all claims arising out of (1) your breach of these Terms of Use, Privacy Notice, Product Policy and all other policies applicable to you by virtue of using this Site or any other Superfie websites; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable laws or the rights of a third party. The Indemnified Parties will control the defence of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of the Indemnified Parties.

Electronic communications

When you use the Site or send emails to Superfie, you are communicating with Superfie electronically. You consent to receive electronically any communications related to your use of this Site. Superfie will communicate with you by email or by posting notices on this Site. Please refer to the Privacy Notice to opt-out of communication that you may not desire to receive from Superfie. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Superfie intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the Site.

Access to password-protected areas of the site

Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Superfie immediately. Superfie may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.

Trademarks and Copyrights

The trademarks, logos, design marks and service marks (“Marks”) displayed on the Site are the property of Superfie or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Superfie or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Superfie’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Superfie’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable laws.

Claims of intellectual property infringement

Superfie respects the intellectual property rights of others, and we ask our users to do the same. You are hereby informed that Superfie has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Superfie members who are repeat copyright infringers. Superfie may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at: query@Superfie.com.

Superfie may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

Assignment

You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Superfie, which may be withheld at Superfie’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Superfie may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.

Entire agreement

These Terms of Use constitute the entire agreement between you and Superfie regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Use.

Governing law and dispute resolution

These Terms of Use shall be governed by laws of India without reference to conflict of laws principle. The Courts in [Delhi] would have the exclusive jurisdiction in any proceedings that arise out of these Terms of Use.

Severability

Each of the provisions of these Terms of Use is severable. If any provision of these Terms of Use (or part of a provision) is found by any court of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to these Terms of Use.

Modification of terms of use

You acknowledge and agree that Superfie may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, including the terms of Superfie membership, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use under any circumstances. The current version of these Terms of Use is available at http://www.Superfie.com/terms. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use means you accept the changes.

Effect of termination/survival of selected provisions

Notwithstanding the expiration or earlier termination of your Superfie membership, or any general legal principles to the contrary, any provision of these Terms of Use that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Use.

Grievance officer

If you have any questions or comments about these Terms of Use, please contact us by email at wecare@superfie.com . If you notice any discrepancies in the information provided to us or have any grievance against us, you may contact our Grievance Officer. The details of the Grievance Officer are as follows: jigyasa@superfie.com

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