Plooks

women's fashion store

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Terms & Conditions

1. PLATFORM

1.1. Please note that the website having the domain name plooks .in and the application name under the name and style of ‘plooks’ (collectively referred to as the “Platform”), are owned, managed and operated by plooks a brand of aarav international.   

2. GENERAL TERMS

2.1. For the purpose of these Terms of Use hereinabove, wherever the context so requires, the terms “You”, “you”, “Your”, “your”, or “User”, shall mean and include, any person who visits, browses, uses or accesses the Platform, avails any of the Services (as defined below) of the Platform, the Buyer (as defined below), the Seller (as defined below) or any person who registers himself/herself on the Platform by creating an Account (as defined below) on the Platform.

2.2. The Platform operates as a one-stop platform for the individuals/Users who are desirous of selling and buying Goods (as defined below) and in this respect, the Platform acts as an intermediary between the Users and provides the electronic infrastructure facilities and services to such Users, which include, inter alia, facilitating and enabling: (i) the Seller in listing the Goods on the Platform for sale; (ii) the Buyer in purchasing of the Goods; and (iii) in some cases, the transaction and arrangement between the Buyer and the Seller in respect of the sale and purchase of the Goods including, facilitating the pick-up of the Goods from the location of the Seller and the delivery of the Goods to the location of the Buyer pursuant to the order placed by the Buyer for the purchase of the Goods listed on the Platform, in accordance with the terms and conditions as contained herein (collectively “Services”).

2.3. You are requested to read these Terms of Use carefully before accepting the same and moving forward to using and accessing the Platform or availing any Service contained herein.

2.4. By availing the Service(s) on the Platform, and/or visiting, viewing, accessing or otherwise using the Service(s) or information created, collected, compiled or submitted to the Platform, you are deemed to have agreed to these Terms of Use and all the policies of the Company / Platform.

2.5. IN CASE YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN PLEASE REFRAIN FROM USING AND ACCESSING THE PLATFORM, REGISTERING ON THE PLATFORM AND AVAILING ANY OF THE SERVICES ON THE PLATFORM.

2.6. The Terms of Use contained in this electronic record are read together with the: (i) Privacy Policy (as defined below), as available and uploaded on the Platform which can be accessed at [insert access link here]; (ii) the guidelines, instructions, rules, terms, conditions and/ or policies and procedures or any other specific terms and conditions of the Company/Platform, as applicable or relating to the availing of the Services and/ or usage and access of the Platform, as posted and provided on the Platform or intimated to the Users, from time to time, including, the terms and conditions for the Seller which can be accessed at [insert access link here] which provides for the specific guidelines and instructions pertaining to sale and listing of the Goods, which can be accessed at [insert access link here] (“Seller Terms”); and (iii) any other agreement/arrangement entered between the User and the Company in relation to the sale and purchase of the Goods or availing of the Services (collectively “Company Documents”). It is expressly clarified that the Company Documents shall be considered as part and parcel of the Terms of Use hereof and shall be deemed to be incorporated herein by reference and shall constitute the entire legally binding agreement between You and the Company in connection with your access, visit or use of the Platform for the availing of the Services, in any manner. Therefore, by impliedly or expressly agreeing to be bound by these Terms of Use and/or through use and access of Services of Platform, the User also agrees to be bound by the terms and conditions of the Privacy Policy, and the Company Documents, as may be updated, amended or revised from time to time.

2.7. The Company reserves the right to change, modify, amend, or update the Terms of Use, at its discretion, from time to time and such amended provisions of the Terms of Use shall be effective immediately upon being posted/ uploaded on the Platform. We shall ensure that we periodically, or at least once in a year, inform of any change to these Terms of Use or other Company Documents, as the case may be.

2.8. It is hereby clarified that the Company/ Platform may, from time to time, change provisions related to any of the Services which also include changing of the extent and scope of the Services and/ or include any other category of service or facility within the term ‘Service’, at the sole discretion of the Platform. You can determine when these Terms of Use were last revised by referring to ‘LAST UPDATED’ at the top of these Terms of Use. Your continued use of the Platform shall be deemed to signify Your acceptance of these provisions or amended provisions of these Terms of Use. It shall be the User’s responsibility to check these Terms of Use periodically for changes. It is, further, clarified that the User’s use and access of the Platform/Service(s) is subject to the most recent version of these Terms of Use made available on the Platform at the time of such use.

3. DEFINITION

“Account” shall mean the account/user profile created by the Users on the Platform by submitting the User Data, in accordance with the terms as specified under Clause 4 (Creation of Account) below;

“Applicable Laws” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question;

“Buyer” shall mean any person who access, browses, surfs, uses or views any of the content on the Platform and/or buys the Goods listed by the Seller through the Platform by placing the purchase order on the Platform, in accordance with the terms and conditions as contained herein;

“Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of the Company, including, insolvency, business exigencies, operational technical issues, labour unrest, war, commotion, armed conflict, invasion, hostilities, riot, rebellion, revolution, civil war, riot, insurrection, acts of God, epidemics, pandemic, natural calamities/disasters, strikes, lock out, change of Applicable Law(s), which materially restricts provisions of Services offered on the Platform etc.;

“Goods” shall mean and include pre-owned or new clothing materials and items listed on the Platform

“Logistic Partner” shall mean the authorized third party logistics service provider of the Company engaged for the purposes of the pick-up of the Goods from the location of the Seller and the delivery of the Goods to the location of the Buyer pursuant to the order placed by the Buyer for the purchase of the Goods listed on the Platform;

“Seller” means a person who agrees to sell or sells the Good(s) on the Platform by listing the Good(s) on the Platform for the purchases to be made by the Buyers;

“User Data” shall mean the data and information as may be required by the Company for the purposes of registration of the User on the Platform/creation of Account of the User on the Platform and/or for the purposes of providing and enabling the Services to the User which may include, inter alia, name, gender, email address, phone number, address, Bank account or card details, PAN number etc.

4. CREATION OF ACCOUNT

4.1. Please note that in order to avail the Services, the User is required to create an Account on the Platform and become a registered user.

4.2. To create an Account and complete the registration process in order to avail the Services of the Platform, the User shall be required to disclose his/her personal information, allowing others, including Us, to identify the User, which includes name, gender, address, ZIP/postal code, age, phone number, email id, payment information (if required), and any other information deemed necessary for providing the Services. In the event, the registration is cancelled or withdrawn, You agree and acknowledge that We shall retain your information for a period of 180 (One Hundred Eighty) days from such cancellation or withdrawal, as the case may be.

4.3. By providing your contact number with us, You consent to be contacted by Us via phone calls and/or any instant messaging services (including by SMS notifications or contacting through ‘WhatsApp’), in case of any purchase order placed by you, shipment of Goods, listing of Goods or delivery related updates.

4.4. It is clarified that by creating the Account on the Platform/following the sign-up process, you agree to all the Terms herein, Privacy Policy and all other Company Documents on the Platform which may be posted at an appropriate location of the Platform.

4.5. You agree that you shall provide accurate and correct information for availing any of the Services of the Platform, including, at the time of making the purchases on the Platform or at the time of sign-up on the Platform/creating the Account on the Platform; and You shall also update such information and data, from time to time, in case of any change thereto and/ or as and when required and asked by the Platform in this regard. The User agrees to provide all such information on the Platform as and when prompted and required by the Platform. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use herein and the other policies of Platform, We shall have the right to indefinitely suspend or terminate your Account or block your access on the Platform. It is further clarified that the Company is not responsible for the inaccuracy, incompleteness or outdated information made available on the Platform by the Users and does not own any responsibility or obligation whatsoever towards ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Platform is at the Users’ own risk.

4.6. You agree that You shall log out of your Account at the end of each session in order to ensure complete security and secrecy of your data and the Platform/Company’s data. The Company reserves the right to suspend or terminate your Account with immediate effect and for an indefinite period, if the Company has reason(s) to believe that the User Data or any other data provided by the User is incorrect or false, or that the security of the User’s Account has been compromised in any way, or there is a breach of these Terms of Use or upon any unauthorised use of the User’s Account by any third party.

4.7. You are solely responsible for maintaining the confidentiality of your Account and the display/user name and the login details, received by You at the time of your sign-up/sign-in and you are fully responsible for all activities that occur under the same and the Company shall not be liable or responsible in any manner whatsoever in this regard. You expressly agree that you shall immediately notify Us about any actual or potential unauthorized use of your Account, display/user name, login details, and/ or other information related thereof or any breach of security by a third party and, in this regard, the Company/ Platform shall not be responsible for any liabilities that such User may incur from the misuse of the Account or password or any data and information contained therein. You agree that the Company cannot and shall not be liable for any loss or damage arising from your failure to comply with the Terms of Use.

4.8. It is clarified that upon receiving a notification/ intimation/ apprehension of any actual or potential unauthorised use of any Account, We may, at our discretion, take action to block access to such Accountat the earliest and take all other actions as may be required under the Applicable Laws.

5. PRIVACY

5.1. You agree that during your use and access of the Platform and/or availing of the Services offered by the Platform, you shall provide Us with certain information and other data as mentioned under the Terms of Use which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by you under these Terms of Use, are governed under the Company’s privacy policy (“Privacy Policy”) which is available at [insert URL here/hyperlink]. By using and visiting the Platform and availing the Services of the Platform, you agree to the terms and conditions of our Privacy Policy.

5.2. Regarding your private information and data, We shall only collect, use, disclose or process such information and data in accordance with our Privacy Policy, which you accept by your use and access of the Platform and/or availing the Services on the Platform. Please note that We may share such data and information with third parties as required to be shared in terms of and in the manner as set out under the Privacy Policy.

6. USE OF PLATFORM

6.1. For the use and access of the Platform, whether or not for provisions of availing the Services on the Platform, in any manner, You must be 18 (eighteen) years of age or older. For this purpose, you agree that by visiting the Platform or accepting these Terms of Use, you represent and warrant to the Company that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Platform and avail Services and agree to and abide by the Terms of Use as provided herein. In the event where the User is under 18 (eighteen) years of age, he/she may use or access the Platform and avail the Services on the Platform only with involvement of a parent or a guardian. Further, the use and access to the Platform can be availed only by such individuals or business entities, including sole proprietorship firms, companies and partnerships, who can form and enter into a ‘valid contract’ as per the conditions set forth under Indian Contract Act, 1872. It is hereby expressly clarified that the persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, persons disqualified by law or of unsound mind, etc. are not eligible to use the Platform.

6.2. The Company grants the Users a personal, non-exclusive, non-transferable, limited access to enter and use the Platform and avail the Services of the Platform and You agree that you shall be responsible to act lawfully, diligently and honestly at all times when you access and use the Platform. Further, You shall be responsible for all activities that occur in your Account in furtherance to your use of the Platform and/or availing the Services and for complying with all the Applicable Laws, as amended from time to time, and applicable to your use of the Platform and/or availing the Services.

6.3. You agree that you shall not interfere with, jeopardise, disrupt or harm the Platform and/or Services and that you shall not intercept, expropriate, re-use, steal or re-utilise any system, data, graphic media, coding or information comprised in or provided to you via the Platform and/or Services and, at all times, comply with the Terms of Use and other policies of the Platform.

6.4. We will provide you with any help you may reasonably require to access the Platform but We shall not be responsible if you are unable to access any section of the Platform or the Services for any reason. We do not guarantee you access to the Platform at any and all times. We do not guarantee that while you are accessing the Platform, your access will be uninterrupted, without delay/interference, secure and/or error-free. Accordingly, We reserve the right, at any time, to suspend or discontinue the Platform and/or the Services for any reason without incurring any liability or obligation to you.

6.5. If We reasonably believe that your Account and password is being used / misused in any manner, We reserve the right to cancel your right to access the Platform immediately without notice, and block access to all users from that particular IP address. You agree to notify Us and the Platform immediately of any unauthorized use of your Account or any other breach of security. We shall not be liable for any loss that you may incur as a result of someone else using your Account. However, you could be held liable for all the losses, claims and liabilities incurred by the Company due to someone else using your Account.

6.6. Further, by using the Platform or sending emails, data, information or communication to the Platform through the Platform, you consent to receiving communications via electronic records from Us periodically and as and when required.

6.7. The information and Services shall not be used for any illegal purpose by You. You may not access our networks, computers, or the information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to any information or Services, other accounts, computer systems, or networks connected with the Platform. You may not use any automated means (such as a scraper) to access the Platform, the information, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Account. Any attempt by any individual or entity to solicit login information of any other user of the Platform or to access any such Account is an express and direct violation of these Terms of Use and of Applicable Law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.

6.8. We may, at Our sole discretion, suspend the User’s ability to use or access the Platform at any time while We investigate complaints or alleged violations of these Terms of Use, or for any other reason.

7. CODE OF CONDUCT

7.1. Under these Terms of Use, the User agrees not to host, display, upload, modify, publish, transmit, update or share any information that:

(a) belongs to another person and in relation to which it does not have any right of use;

(b) infringes intellectual property rights (including any patent, trademark, copyright or other proprietary rights) of any person and privacy rights of any person;

(c) is false or misleading in any way;

(d) violates any law for time being in force;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of “junk mail”, “chain mail” or unsolicited mass mailing or “spamming”; (g) promotes illegal activities or abusive, obscene, defamatory or libellous conduct;

(h) solicits gambling or engages in any gambling activity which is or could be construed as being illegal;

(i) harms minors in any way;

(j) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(k) deceives or misle