Terms of use
[www.trybwear.com] (“Website”) is a property of and operated by Performance apparel Private Limited (“TRYB”) registered under the Companies Act, 2013, and having its registered office at PLOT NO A & B,S.NO.118,RIVERVIEW COLONY,MANAPAKKAM, Chennai, Tamil Nadu, India, 600125. By accessing or using any version of the Website (“Platform”), you signify that you have read, understood and agree to be bound by these Terms of Use (“Terms of Use”) and any other applicable law. Your continued use of the Platform shall be constituted as your acceptance to the Terms of Use, as revised from time to time. If you do not agree with these Terms of Use, please do not access and use the Platform. For the purposes of these Terms of Use, “we”, “our” and “us” “Company” shall mean TRYB, and “you” and “your” “user” shall mean any natural or legal person who has agreed to become a buyer on the Website by registering on the Website as a registered user using the computer systems or just visiting and browsing the Website as a non-registered user.We reserve the right to update or modify these Terms of Use at any time without prior notice. Your access and use of the Platform following any such change constitutes your agreement to follow and be bound by these Terms of Use, as updated or modified. For this reason, we encourage you to review these Terms of Use each time you access and use the Platform.
Disclaimer
ou acknowledge and agree that:1.1) Although we strive to provide on this Platform the latest developments relating to our products and services, and any other information about our Company, we do not warrant the accuracy, effectiveness and suitability of the information contained in this Platform. User of this Platform assumes full responsibility and all risks arising from use of this Platform. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. TRYB reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
1.2) TRYB makes no representations or warranties of any kind or nature with respect to the information or content posted on this Platform. TRYB hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall TRYB be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this internet site and/or the information or content posted on this Platform, regardless of whether TRYB has been advised as to the possibility of such damages.
1.3) TRYB is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on this Platform, TRYB will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Platform. Such information should, therefore, be considered as suspect and is not endorsed by TRYB.
1.4) This Platform may contain forward-looking statements that reflect TRYB’s current expectations regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to the general economic conditions. TRYB intends to update this site on a regular basis but assumes no obligation to update any of the content.
1.5) The Platform and the functions and features therein are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
1.6) You will be able to place an order with us by ordering via our secure online checkout flow. We will send you the order acknowledgement by email and SMS, detailing the products you have ordered . Please note that we reserve the right to brand our products.
1.7) We may refuse to accept an order under the following circumstances:
a.) Where the products ordered are not available or defective
b.) If we did not obtain authorization for your payment from the payment gateway
c.) If you do not meet any eligibility criteria set out in our terms and conditions
d.) If the order is to be delivered to a pin code or location where our courier partners are unable to service.
Access to website
2.1) We will do our utmost to ensure that availability of the Website 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 website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without any prior notice. We will attempt to limit the frequency and duration of such suspension or restriction.Eligibility
3.1)You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Use. You shall not access and use the Platform if you are not competent to contract under the applicable laws, rules and regulations.User accounts
4.1) The Website requires You to browse and/or purchase to avail the services provided by the platform.4.2) You agree that by browsing or purchasing the services, you are agreeing to enter into a legally binding contract with us. If you do not agree to this, do not access or otherwise use any of our Services.
4.3) 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.
Intellectual property
5.1)All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, trade names, written posts and comments, software, scripts (“Content”), constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Website, and the Content.5.2)You may access the Website, avail the features and facilities and utilize the Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Content, you could contact us in the manner provided for herein.
5.3) TRYB and its licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature in the Website.
5.4) All software used on the Website is the property of TRYB or its licensors/software suppliers and protected by Indian and international copyright laws. Any use except as specifically permitted under these Terms of Use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Website is strictly prohibited. Our trademarks should not be used in connection with any product or service without obtaining authorization from TRYB, in any manner that is likely to cause confusion among our customers, or in any manner that disparages or discredits TRYB. Contravention of this provision shall be construed as a material breach of these Terms of Use.
Indemnification
6.1) You agree to protect, defend and indemnify us and hold us and our representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Platform in violation of these Terms of Use and/or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.6.2) The terms of this clause will survive any termination or cancellation of these Terms of Use or your use of the Platform.
6.3) TRYB shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond the control of TRYB including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
6.4) Any material downloaded or otherwise obtained through the Platform is done at your own discretion and risk and you are solely responsible for any damage to your device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the service will create any warranty not expressly stated in these Terms of Use.
Payments
7.1) Registration on the Platform and the access to the information provided on the Platform is free. You agree to make all payments directly to TRYB for purchase of products or services. You agree and acknowledge that you shall not hold TRYB responsible for any loss or damage caused to you during the process, due to any acts or omission on the part of the delivery agents or for any actions/omissions which are beyond the control of TRYB.7.2) In making any purchase from our Website using the online payment services, we shall collect some additional information from you such as your billing address, a debit or credit card number, its expiration date and other payment instrument details if necessary for the order to get processed. However, all of the stated above information is never stored on our servers.
7.3) We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation.
7.4) While availing any of the payment methods available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: i) Lack of authorization for any transaction(s), or
ii) Exceeding the present limit mutually agreed by and between you and the concerned bank, or
iii)Any payment issues arising out of the transaction, or
iv) Decline of transaction for any other reason(s).
7.5) All payments made against the services on the Platform by you shall be compulsorily in Indian Rupees. The Platform will not facilitate transactions with respect to any other form of currency for the purchases made on the Platform.
7.6) We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
7.7) TRYB brings you the premium valued products at an affordable price. Every single product that reaches you is homegrown, sourced from the best. We reserve the right to update any prices of the products listed on the Website or discontinue them at our sole discretion.
7.8) TRYB reserves the right to express the price exclusive of GST, However we shall show GST separately and include it in the total price at the checkout page. We charge separately for order logistics and other relevant charges such as COD or Gift-wrap charges, the appropriate rates are set out in the specified pricing structure shown on the checkout page
Offers
8.1) On any offers or the construct of the offers listed on the Website or any other third-party sites, we reserve the right to launch, discontinue, or extend it based on our sole discretion. It is advisable that you review the promotion or offer for eligibility and other terms and conditions.8.2) Regarding Coupons: We have the right to cancel any order in case there’s a coupon abuse. Multiple coupons are not allowed in an order.
8.3) On Giveaways and Freebies: We offer custom-made gifts often to our customers. If the gift assigned for the giveaway runs out of stock, only then shall we provide the customers with a replacement gift from our assorted gift collection which is of the same value or even higher.
8.4) Orders including a giveaway / freebie will only be eligible for exchange as per the product’s individual return policy.
8.5) No returns or exchange will be entertained on the giveaway or freebie.
8.6) TRYB will not be held responsible for quality and/or warranty concerns on the giveaways or any other brand products used as part of the giveaway.
User accounts
9.1) In consideration of TRYB granting you the rights hereunder, you hereby agree not to use the Website for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these Terms of Use. You shall not use the Website in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any TRYB server, or interfere with any other party’s use and enjoyment of the Website. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available through the Website.9.2) By giving consent, You agree to receive transactional, informational as well as promotional updates via SMS Messages & Email.
9.3) Notwithstanding anything contained in the Terms of Use, in case You have consent to receiving transactional, informational or promotional messages via Whatsapp & Google RCS, You can revoke your consent and opt-out of receiving transactional updates and offers via any of the above platform.
9.4) All information that you submit is true and accurate and you agree to maintain the accuracy of such information.
9.5) The Website is made available to you for your own personal and non-commercial use alone.
9.6) You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item on the Website that:
i) belongs to another person and to which you do not have any right to;
ii) 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;
iii) harm minors in any way;
iv) Infringes any patent, trademark, copyright or other proprietary rights;
v) violates any law for the time being in force;
9.7) You are responsible for any and all activities that occur in your account. You agree to notify TRYB immediately of any unauthorized use of the account or any other breach of security. TRYB shall not be liable for any loss to you owing to negligent actions or a failure on your part to inform TRYB within a reasonable time, about loss or theft of your device and/or any unauthorized access in your account, either with or without your knowledge.
9.8) TRYB shall make all reasonable efforts to ensure that your information is kept confidential. However, TRYB shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
9.9) You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and TRYB shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
9.10) You must notify your bank immediately in the event your credit card is lost, stolen, not received, swallowed at an ATM, or is being misused without your permission. Please refer to the detailed instructions received from your bank for additional precautions to be taken in case of loss/theft/misuse of your credit card.
9.11) Any purchase of the products from the Platform will be strictly for personal use of the user. The user hereby expressly agrees that any product purchased by the user will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The user hereby acknowledges that the products purchased are not transferrable to any third party for profit.
9.12) We may disclose Your Personal Information as required by law to any competent law enforcement body, regulatory or government agency, court or other third party where we believe the disclosure is necessary or appropriate to comply with a regulatory requirement, judicial proceeding, court order, government request or legal process served on Us, or to protect the safety, rights, or property of Our customers, the public, TRYB or others, and to exercise, establish or defend TRYB’s legal rights or for consummation of the transaction carried out by you.The disclosures are made solely for the purposes mentioned herein, in consonance with our Privacy Policy and as per applicable law.
9.13) You are expected to provide Your personal details during guest login including but not limited to Your name, contact number and email id. We shall not be held responsible in any way wherein You have provided details of any other person or incorrect details. However, in case of any discrepancy, We shall fully cooperate with You by sharing the above details entered at the time, to the extent possible.
On delivery
10.1) We deliver our products in and across India. Delivery will be initiated at the earliest. Your delivery shall only be delivered to the address submitted when you placed the order.10.2) In case there is an error in any of the information submitted by you, we are not responsible for you not receiving the orders. So, we urge our customers to submit only the correct details to avoid any inconveniences.
10.3) We have tied up with several reputed courier companies, so your orders will be delivered to you within 4-10 business days depending on the location. All orders will be dispatched in fully sealed packages to make sure they reach you in good condition.
10.4) We initiate shipment of products within 24-48 hrs of receiving the order and payment confirmation. Our regular working hours are Monday to Saturday 10am – 6pm. We only process and dispatch orders during these working hours. All delivery and dispatch details mentioned on the website do not include weekends or other regional/National holidays. We will make our best effort to deliver products on time.
On warranty and returns
11.1) TRYB offers you a simple return policy, wherein you can raise a return/exchange request of a product. Such products can only be returned in their original packaging, in an unused and sealed condition. When you submit a request for exchange or return, we offer a pick-up service and your requests shall be processed once we receive the items subject to discussion returned to us in its entirety. For further information, please refer to the FAQs on our Website.Limitation and Liability
12.1) TRYB shall not be responsible or liable in any manner to the users for any losses, damage, injuries or expenses incurred by users as a result of any disclosures made by TRYB, where users have consented to the making of such disclosures by TRYB.12.2) To the maximum extent permitted by applicable law(s), TRYB, its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective directors, officers or employees (“Protected Entities”), shall not be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any other damages of any kind, arising from, or directly or indirectly related to, (a) the use of, or the inability to use, the Website or the Content, materials and functions related thereto; (b) User’s provision of information via the Website; even if such Protected Entity has been advised of the possibility of such damages.
12.3) TRYB assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect users’ equipment on account of the users’ access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If any of the users are dissatisfied with the Website, the sole remedy of such User(s) is to discontinue using the Website.
