THE TRANSFIGURE.COM TERMS OF USE

Date of last revision: August 2016

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM (thetransfigure.com).

By accessing or using this website, mobile application or other TRANSFIGURE product or service on any computer, mobile phone, tablet, console or other device you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of TRANSFIGURE. TRANSFIGURE may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

IMPORTANT NOTICE FOR AMATEUR ATHLETES

You are responsible for ensuring that your use of or participation in the activities of this platform does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. TRANSFIGURE is not responsible or liable for your use of the platform resulting in your ineligibility as an amateur athlete.

PHYSICAL ACTIVITY NOTICE

The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. TRANSFIGURE is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.

INTELLECTUAL PROPERTY

All intellectual property on the Platform (except for User Generated Content) is owned by TRANSFIGURE or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the TRANSFIGURE name and the MINIATURE MISSILE LOGO design) are owned, registered and/or licensed by TRANSFIGURE. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under INDIA and other copyright laws and is the proprietary property of TRANSFIGURE; All rights reserved.

PLATFORM USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase TRANSFIGURE products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without TRANSFIGURE's prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

PRODUCT ORDERS

All orders placed through the Platform are subject to TRANSFIGURE's acceptance. This means that TRANSFIGURE may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, TRANSFIGURE will issue you a refund.

SAFEGUARD YOUR USERNAME/PASSWORD

You are responsible for any actions that take place while using your TRANSFIGURE account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. TRANSFIGURE is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

USER GENERATED CONTENT

"User Generated Content" is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Platform users post or otherwise make available on or through the Platform, except to the extent the Content is owned by TRANSFIGURE.

POSTING RULES: USER GENERATED CONTENT AND USER CONDUCT BE RESPONSIBLE

You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Platform. Do not take any action or post anything that may expose TRANSFIGURE or its users to any harm or liability of any type.

BE RELEVANT AND CONSTRUCTIVE

Stay on topic and post only constructive comments and questions. Unless the Platform feature asks for it, don't talk about policies, future products, speculations or rumours about TRANSFIGURE and TRANSFIGURE products, or anything else off topic.

BE COURTEOUS AND APPROPRIATE

Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in TRANSFIGURE's sole discretion, is illegal, offensive, libellous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person's consent. Do not "stalk," intimidate, abuse, harm or harass another Platform user or person.

BE PRIVATE

Do not post personal information. Do not collect or solicit personal information from other Platform users or send unsolicited emails or other communications. Do not collect, use or post on the Platform the private information of anyone else without their consent or for illegal purposes.

BE PERSONAL

The Platform is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Platform or accept payment from a third party in exchange for your performing commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use automated scripts to collect information from, or otherwise interact with, the Platform.

BE YOURSELF

Do not impersonate any person or entity, including without limitation athletes or TRANSFIGURE employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one TRANSFIGURE account, register a TRANSFIGURE account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username or password.

BE ORIGINAL

You promise that you own or control all rights in any User Generated Content that you post on the Platform. You are responsible for ensuring that any User Generated Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Generated Content unless you are the owner or have permission from the owner to post such User Generated Content and grant TRANSFIGURE all of the license rights granted in these Terms of Use.

BE LEGAL

Do not post any User Generated Content, take any action or use the Platform in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Platform designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Platform. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Platform security technology or software.

GENERAL RULES FOR USER GENERATED CONTENT AND IT IS NOT PRESCREENED

TRANSFIGURE does not prescreen User Generated Content. TRANSFIGURE does not guarantee the Platform will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. TRANSFIGURE is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Platform. Even in the event TRANSFIGURE chooses to monitor any User Generated Content, TRANSFIGURE assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. TRANSFIGURE reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.

ELIGIBILITY AND REGISTRATION

To become a member of the TRANSFIGURE Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

TRANSFIGURE'S RIGHTS TO YOUR POSTING

Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to TRANSFIGURE a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

COPYRIGHT INFRINGEMENT COMPLAINTS

If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give TRANSFIGURE legally sufficient notice to TRANSFIGURE of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
No.38/C-162, Second Floor, Cholan Street, MMDA Colony, Chennai – 600106

We suggest that you consult your legal advisor before filing a notice with TRANSFIGURE's copyright agent, because there may be penalties for false claims.

LINKS

The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). TRANSFIGURE does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. TRANSFIGURE is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

MOBILE SERVICES

The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using TRANSFIGURE's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TRANSFIGURE, Inc, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

PRIVACY

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other people, whether online or in person. TRANSFIGURE is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person. TRANSFIGURE is under no obligation to become involved with any user dispute, but may do so at its own discretion.

WARRANTY DISCLAIMER

TRANSFIGURE is not responsible or liable for any User Generated Content or other Content posted on the Platform or for any offensive, unlawful or objectionable content you may encounter on or through the Platform. The Platform, User Generated Content, Content, and the materials and products on this Platform are provided "AS IS" and without warranties of any kind. To the fullest extent permitted by law, TRANSFIGURE disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. TRANSFIGURE cannot guarantee and does not promise any specific results from use of the Platform. TRANSFIGURE does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful. To the fullest extent permitted by law, TRANSFIGURE does not make any warranties or representations regarding the use of the materials or Content in the Platform in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Platform, loss of data or other harm of any kind that may result. TRANSFIGURE reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

TRANSFIGURE will not be liable for short delivery or defective Products unless a claim is notified by you in writing within 48 Hours of delivery in accordance with Return and Exchange Terms. The notification must include the invoice number, delivery note number and details of the claim. TRANSFIGURE will not be liable in any way for loss, damage, costs or expenses (including loss of profit, revenue, goodwill or data) arising directly or indirectly from any failure or delay in performing any obligation under this Agreement by reason of any event or circumstance outside the reasonable control of TRANSFIGURE, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.

The Site is provided devoid of any warranties or guarantees. The End User must bear the risks associated with the use of the Site.

The Site provides content which are sourced from other websites or resources and while TRANSFIGURE tries to ensure that material included on the Site is correct, reputable and of high quality, TRANSFIGURE does not acknowledge any responsibility if this is not the case. TRANSFIGURE will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience as a result of the use of the Site.

This disclaimer does not apply to any product warranty offered by the manufacturer of the Product as specified in the Product specifications. This disclaimer constitutes an essential part of this terms & conditions.

TRANSFIGURE, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, TRANSFIGURE assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.

You expressly understand and agree that TRANSFIGURE and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TRANSFIGURE has been advised of the possibility of such damages), resulting from use of the Site, sale and supply of Products content or any related goods and services.

Without prejudice to the generality of the section above, the total liability of TRANSFIGURE to you for all liabilities arising out of this T&C under any applicable law is limited to the order value of the Product ordered by you.

This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

MISCELLANEOUS

The Products, Services and the Site being offered by TRANSFIGURE hereto are subject to laws of the Republic of India. Use of the Products, Services and/or the Site for any other country or jurisdiction is at your sole risk. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time TRANSFIGURE may offer special promotional offers which may or may not apply to your TRANSFIGURE account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by TRANSFIGURE. This T&C and the relationship between you and TRANSFIGURE will be governed by the laws as applicable in India. Any dispute(s) arising out of this T&C will be handled in the competent courts of Chennai, India. The failure of TRANSFIGURE to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. TRANSFIGURE does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and TRANSFIGURE and governs your use of the Site, superseding any prior agreements between you and TRANSFIGURE with respect to the Site.

BILLING

The price of our non-discounted merchandise is inclusive of VAT. However, additional VAT/CST will be levied on the final payable amount of each item which is displayed with 20% discount and above on ‘thetransfigure.com. TRANSFIGURE reserves the right to collect the taxes for shipping charges wherever applicable.
(1)Warranty, against any manufacturing defects, for the products exists for only 15 days from the date of purchase, cannot be claimed for the defects due to mishandling of the products or normal wear & tear (2) VAT extra on discounted merchandise (3) No refund of money (4) Product shall be used for the same purpose and function as designated by Transfigure on the price tag. (5) Prices are inclusive of all Taxes (6) In case of any dispute the jurisdiction is in the courts of Chennai.

RETURNS

TRANSFIGURE has put no-hassle procedures to ensure that you can buy from us in confidence and return the item. In case you are not happy with the order you have received or you found some issue in the quality/size or colour of the item, please inform customer care (Contact Us – thetransfigure.com) immediately of this issue so that it can be return back to us, and we will arrange for return shipping. Products returned must be unused, unworn, unwashed and undamaged by you.
Return of Products will be accepted only if they are returned in their original packaging and within 15 days of purchase. We will arrange for a return pick-up of your order and the courier shall pick it within 72 hours of your request. Please bear in mind it may take 2-7 working days for the Product to reach back to our Order processing centre.

Products must be returned inside their original poly bags to avoid Rs.100 re-stocking fee. Please note that we do not accept returns or exchanges on items valued at Rs. 300 or less.

How to Return

Return Address: TRANSFIGURE
No.38/C-162, Second Floor, Cholan Street, MMDA Colony, Chennai – 600106

REFUND CLAUSE

TRANSFIGURE return policy offers you the option to return items purchased on thetransfigure.com within 15 days of the receipt. In case of returns, we will credit the amount you paid for the products as store credit into your TRANSFIGURE account. All returns are subject to TRANSFIGURE discretion which shall be deemed final and binding.

DELIVERY

TRANSFIGURE endeavour to ship the Products to customers within 4-5 working days from the day of purchase of Product made by you. However, the duration of delivery of Products will be depending on customer location. Delivery time to the end user is subject to factors beyond our control including unexpected travel delays from our courier partners and transporters due to weather conditions and strikes.

TRANSFIGURE will not be liable for any loss or expenses sustained by the End User arising from any delay in the delivery of the goods howsoever caused. TRANSFIGURE reserves the right to make delivery of the goods in instalments. If the goods are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if TRANSFIGURE fails to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments.

In the event you are not available to accept delivery on second attempt, TRANSFIGURE may at its discretion charge you for the additional shipping cost on the third attempt made. If you fail to take delivery of the goods, TRANSFIGURE may at its discretion charge you for the additional shipping cost. TRANSFIGURE will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the goods howsoever caused.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

TERMINATION

TRANSFIGURE reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. TRANSFIGURE also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

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