1zero1: Terms of Use

Welcome to 1zero1. This document is an electronic record in terms of the Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 which requires publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of 1zero1 platform – www.1zero1 (hereinafter referred to as “Platform”)

The Platform is owned by MIRO Labs Private Limited, having its registered office at PLOT NO 1569/4214, 1567/4213, LANE 3, JAGANNATH NAGAR, BHUBANESWAR KHORDHA, ODISHA, 751025, India, and its branch office at 1302 -Sector 33 Gurugram Haryana, India.

Your use of the 1zero1 and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the 1zero1 including the applicable policies which are incorporated herein by way of reference. By mere use of the 1zero1, You shall be contracting with 1zero1 MIRO Labs Private Limited, the owner of the Platform. These terms and
conditions including the policies constitute Your binding obligations, with 1zero1.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term
“1zero1″,”We”,”Us”,”Our” shall mean 1zero1 MIRO Labs Private Limited and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly
or expressly accepting these Terms of Use, You also accept and agree to be
bound by 1zero1 Policies including but not limited to Privacy Policy as amended
from time to time.

  1. User Account, Password, and Security:

If You use the Platform, You shall be responsible for
maintaining the confidentiality of your Display Name and Password and You shall
be responsible for all activities that occur under your Display Name and
Password. You agree that if You provide any information that is untrue,
inaccurate, not current or incomplete, We shall have the right to indefinitely
suspend or terminate or block access of your membership on the Platform.

You agree to

  • immediately notify 1zero1 of any unauthorized use / breach of
    your password or account and
  • ensure that you exit from your account at the end of each
    session.
  1. Services Offered:

1zero1 provides a number of Internet-based services through
the Platform. One such Service enables Users to purchase original merchandise
such as clothing, footwear and accessories from various fashion and lifestyle
brands (collectively, “Products”). The Products can be purchased
through the Platform through various methods of payments offered. The
sale/purchase of Products shall be additionally governed by specific policies
of sale, like cancellation policy, exchange policy, return policy, etc. It is
clarified that at the time of creating a return request, users are required to
confirm (via a check box click) that the product being returned is unused and
has the original tags intact. If the product returned by the user is used,
damaged or if the original tags are missing, the user’s return request shall be
declined, and the said product shall be re-shipped back to the customer. In the
event that the return request is declined, the user shall not be eligible for a
refund, and 1zero1 assumes no liability in this regard. Further, in the event
that the user fails to accept the receipt of the said re-shipped product, the
user shall continue to be not eligible for a refund, and 1zero1 assumes no
liability with respect to the return or refund for the said re-shipped product.
In addition, these Terms of Use may be further supplemented by Product specific
conditions, which may be displayed with that Product.

1zero1 does not warrant that Product description or other
content on the Platform is accurate, complete, reliable, current, or error-free
and assumes no liability in this regard.

  1. Platform for Transaction and Communication:

The Users utilize it for their transactions on the Platform. 1zero1 does not promote and cannot be a party to or control in any manner any transaction between the 1zero1’s customers. Henceforward:

  • All commercial/contractual terms are offered by and agreed to
    between Buyers and 1zero1 alone. The commercial/contractual terms include
    without limitation price, shipping costs, payment methods, payment terms,
    date, period and mode of delivery, warranties related to products and
    services and after-sales services related to products and services. 1zero1
    does not have any influence or does not determine or advise or in any way
    involve itself in the offering or acceptance of such
    commercial/contractual terms between the Buyers and 1zero1.
  • 1zero1 does not make any representation or warranty as to
    specifics (such as quality, value, saleability, etc) of the products or
    services proposed to be sold or offered to be sold or purchased on the
    Platform.
  • The 1zero1 is only a platform that can be utilized by registered and verified users to reach a larger base to buy or rent products or services. 1zero1 is only providing a platform for buying or renting and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between 1zero1 and the Buyer.
  • If Pricing on any product(s) as is reflected on the Platform may be due to some technical issue, typographical error or product information published by the platform may be incorrectly reflected and in such an event platform may cancel such your order(s).
  • You release and indemnify 1zero1 and/or any of its officers and
    representatives from any cost, damage, liability or other consequence of
    any of the actions of the Users of the 1zero1 and specifically waive any
    claims that you may have in this behalf under any applicable law.
    Notwithstanding its reasonable efforts in that behalf, 1zero1 cannot take
    responsibility or control the information provided by other Users which is
    made available on the Platform.
  1. User Conduct and
    Rules on the Platform:

You agree,
undertake and confirm that Your use of the Platform shall be strictly governed
by the following binding principles:

  • You shall not host,
    display, upload, modify, publish, transmit, update or share any
    information which:
  • belongs to another person and to which You do not have any
    right to
  • 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
  • is misleading in any way
  • involves the transmission of “junk mail”,
    “chain letters”, or unsolicited mass mailing or
    “spamming”
  • promotes illegal activities or conduct that is abusive,
    threatening, obscene, defamatory or libellous
  • infringes upon or violates any third party’s rights including,
    but not limited to, intellectual property rights, rights of privacy
    (including without limitation unauthorized disclosure of a person’s name,
    email address, physical address or phone number) or rights of publicity
  • contains restricted or password-only access pages, or hidden
    pages or images (those not linked to or from another accessible page)
  • provides instructional information about illegal activities
    such as making or buying illegal weapons, violating someone’s privacy, or
    providing or creating computer viruses
  • contains video, photographs, or images of another person (with
    a minor or an adult).
  • tries to gain unauthorized access or exceeds the scope of
    authorized access to the Platform or to profiles, blogs, communities,
    account information, bulletins, friend request, or other areas of the
    Platform or solicits passwords or personal identifying information for
    commercial or unlawful purposes from other users
  • interferes with another USER’s use and enjoyment of the
    Platform or any other individual’s User and enjoyment of similar services
  • infringes any patent, trademark, copyright or other
    proprietary rights or third party’s trade secrets or rights of publicity
    or privacy or shall not be fraudulent or involve the sale of counterfeit
    or stolen products
  • violates any law for the time being in force
  • threatens the unity, integrity, defence, security or
    sovereignty of India, friendly relations with foreign states, or public
    order or causes incitement to the commission of any cognizable offence or
    prevents investigation of any offence or is insulting any other nation
  • shall not be false, inaccurate or misleading
  • shall not create liability for Us or cause Us to lose (in
    whole or in part) the services of Our internet service provider
    (“ISPs”) or other suppliers
  • A User may be considered fraudulent or loss to business due to
    fraudulent activity if any of the following scenarios are met:
  • Users doesn’t reply to the payment verification mail sent by
    1zero1
  • Users fails to produce adequate documents during the payment
    details verification
  • Misuse of another Users’s phone/email
  • Users uses invalid address, email and phone no.
  • Overuse of a voucher code
  • Use of a special voucher not tagged to the email ID used.
  • Users returns the wrong product
  • Users refuses to pay for an order
  • Users involved in the snatch and run of any order
  • Miscellaneous activities conducted with the sole intention to
    cause loss to business/revenue to 1zero1
  • User with excessive returns
  • Repeated request for monetary compensation for fake/used order
  • 1zero1 may cancel any order that classify as ‘Bulk
    Orders’/’Fraud orders’ under certain criteria at any stage of the product
    delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it
    meets with the below mentioned criteria, and any additional criteria as
    defined by 1zero1:
  • Products ordered are not for self-consumption but for
    commercial resale
  • Multiple orders placed for same product at the same address,
    depending on the product category.
  • Bulk quantity of the same product ordered
  • Invalid address given in order details
  • Any malpractice used to place the order
  • Any promotional voucher used for placing the ‘Bulk Order’ may
    not be refunded
  • Any order paced using a technological glitch/loophole.
  • 1zero1 does not facilitate any type of business to business or
    business to customer transactions in between any type of sellers/vendors
    and customers. You are advised to refrain from transacting on the Platform.
  • You shall not use the Platform for any unlawful and fraudulent
    purposes, which may cause annoyance and inconvenience and abuses any
    policy and rules of the company and interrupt or causes to interrupt,
    damages the use by other Users of 1zero1.
  • You shall not use any false e-mail address, impersonates any
    person or entity, or otherwise misleads 1zero1 by sharing multiple address
    and phone numbers or transacting with malafide intentions.
  • We on certain landing page even allow our Users to experience
    free exchange of ideas and observations regarding interest in the field of
    fashion, including ‘viewing user generated content’ and/or ‘videos’ and
    ‘posting comments’. By accessing, viewing and/or posting any user
    generated content to any specific dedicated page on the Platform, you
    accept and consent to the practices described in these ‘Terms of Service’
    and ‘Privacy Policies’, as well as any other terms of prescribed by the
    1zero1 on the Platform. You agree and undertake that when accessing,
    viewing and/or posting any user generated content on these pages You will
    not imitate, abuse, harass, any Customer/User or violate and exploit, any
    of these ‘Terms of Service’ of the Platform.
  • You shall not use any “deep-link”,
    “page-scrape”, “robot”, “spider” or other
    automatic device, program, algorithm or methodology, or any similar or
    equivalent manual process, to access, acquire, copy or monitor any portion
    of the Platform or any Content, or in any way reproduce or circumvent the
    navigational structure or presentation of the Platform or any Content, to
    obtain or attempt to obtain any materials, documents or information
    through any means not purposely made available through the Platform. We
    reserve Our right to bar any such activity.
  • You shall not attempt to gain unauthorized access to any
    portion or feature of the Platform, or any other systems or networks
    connected to the Platform or to any server, computer, network, or to any
    of the services offered on or through the Platform, by hacking, password
    “mining” or any other illegitimate means.
  • You may not pretend that You are, or that You represent,
    someone else, or impersonate any other individual or entity
  • You shall at all times ensure full compliance with the
    applicable provisions of the Information Technology Act, 2000 and rules
    thereunder as applicable and as amended from time to time and also all
    applicable Domestic laws, rules and regulations (including the provisions
    of any applicable Exchange Control Laws or Regulations in Force) and
    International Laws, Foreign Exchange Laws, Statutes, Ordinances and
    Regulations (including, but not limited to Sales Tax/VAT, Income Tax,
    Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding
    Your use of Our service and Your listing, purchase, solicitation of offers
    to purchase, and sale of products or services. You shall not engage in any
    transaction in an item or service, which is prohibited by the provisions
    of any applicable law including exchange control laws or regulations for
    the time being in force.
  • From time to time, You shall be responsible for providing
    information relating to the products or services proposed to be sold by
    You. In this connection, You undertake that all such information shall be
    accurate in all respects. You shall not exaggerate or over emphasize the
    attributes of such products or services so as to mislead other Users in
    any manner.
  • You shall not engage in advertising to, or solicitation of,
    other Users of the Platform to buy or sell any products or services,
    including, but not limited to, products or services related to that being
    displayed on the Platform or related to us.
  • The Content posted does not necessarily reflect 1zero1 views.
    In no event shall 1zero1 assume or have any responsibility or liability
    for any Content posted or for any claims, damages or losses resulting from
    use of Content and/or appearance of Content on the Platform. You hereby
    represent and warrant that You have all necessary rights in and to all
    Content which You provide and all information it contains and that such
    Content shall not infringe any proprietary or other rights of third
    parties or contain any libellous, tortious, or otherwise unlawful
    information.
  • 1zero1 hereby disclaims any guarantees of exactness as to the
    finish, appearance, size, color etc., of the final Product as ordered by
    the User. 1zero1 Return & Exchange Policy offers you the option to
    return or exchange items purchased on 1zero1 within the return/exchange
    period (Please read the Product Detail Page to see the number of days up
    to which a product can be returned/exchanged, post-delivery). In case of
    return or exchange of the purchased item, please refer to the “Cancellation, Refund and Return“.
  • Please note that you can only use 1zero1 Credits to buy or Rent
    products from your registered account on the 1zero1 app or website. 1zero1
    Credits cannot be:
  • Used for payment of orders placed on other 1zero1 accounts.
  • Transferred to any other 1zero1 user’s account, bank account,
    or wallets, etc.
  • 1zero1 may unilaterally terminate Your account on any event as
    mentioned in the Terms Of Use. Any credits earned through loyalty or
    referral program, 1zero1 credit, and pending refunds if any will be
    forfeited in such case.
  1. Contents Posted on
    Platform:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos,
sounds, music and artwork (collectively, “Content”), is a third party
user generated content and 1zero1 has no control over such third party user
generated content as 1zero1 is merely an intermediary for the purposes of this
Terms of Use. Such Content will become Our property and You grant Us the
worldwide, perpetual and transferable rights in such Content. We shall be
entitled to, consistent with Our Privacy Policy as adopted in accordance with
applicable law, use the Content or any of its elements for any type of use
forever, including but not limited to promotional and advertising purposes and
in any media whether now known or hereafter devised, including the creation of
derivative works that may include the Content You provide.

You may use
information on the products and services purposely made available on the
Platform for downloading, provided that You

  • do not remove any
    proprietary notice language in all copies of such documents,
  • use such information only for your personal, non-commercial
    informational purpose and do not copy or post such information on any
    networked computer or broadcast it in any media,
  • make no modifications to any such information, and
  • do not make any additional representations or warranties
    relating to such documents.
  1. Disclaimer of
    Warranties and Liability:

All the
materials and products (including but not limited to software) and services,
included on or otherwise made available to You through Platform are provided on
“as is” and “as available” basis without any representation
or warranties, express or implied except otherwise specified in writing.
Without prejudice to the forgoing paragraph, 1zero1 does not warrant that:
Platform will be constantly available, or available at all or The information
on Platform is complete, true, accurate or non-misleading.

All the Products
sold on Platform are governed by different state laws and if 1zero1 is unable
to deliver such Products due to implications of different state laws, 1zero1
will return or will give credit for the amount (if any) received in advance by
1zero1 from the sale of such Product that could not be delivered to You. You
will be required to enter a valid phone number while placing an order on the
Platform. By registering Your phone number with us, You consent to be contacted
by Us via phone calls and/or SMS notifications, in case of any order or
shipment or delivery related updates. We will not use your personal information
to initiate any promotional phone calls or SMS.

  1. Buying:

As a registered customer, you are allowed to buy item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of
Use. You must be legally able to buy the item(s) listed for sale on the
Platform. All listed items are listed in an appropriate category on the
Platform. All listed items have been(in ideal conditions) kept in stock for
successful fulfilment of sales. The listing description of the item is not
misleading and describes actual condition of the product. If the item
description does not match the actual condition of the item, 1zero1 agrees to
refund any amounts that you may have received from the Buyer. 1zero1 reserves
the right to delete multiple listings of the same product listed in various
categories.

  1. For Communication:

You agree, understand, and acknowledge that 1zero1 is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You
further agree and acknowledge that 1zero1 is only a facilitator and is not and
cannot be a party to or control in any manner any transactions on 1zero1.

  1. Indemnity:

You shall indemnify and hold harmless towards 1zero1, its owner, licensee, affiliates,
subsidiaries, group companies (as applicable) and their respective officers,
directors, agents, and employees, from any claim or demand, or actions
including reasonable attorneys’ fees, made by any third party or penalty
imposed due to or arising out of Your breach of this Terms of Use, privacy
Policy and other Policies, or Your violation of any law, rules or regulations
or the rights (including infringement of intellectual property rights) of a
third party.

  1. Trademark, Copyright and Restriction:

Platform is controlled and operated by 1zero1 and products are sold by 1zero1. All material
on Platform, including images, illustrations, audio clips, and video clips, are
protected by copyrights, trademarks, and other intellectual property rights.
Material on 1zero1 is solely for Your personal, non-commercial use. You must
not copy, reproduce, republish, upload, post, transmit or distribute such
material in any way, including by email or other electronic means and whether
directly or indirectly and You must not assist any other person to do so.
Without the prior written consent of the owner, modification of the materials,
use of the materials on any other 1zero1 or networked computer environment or
use of the materials for any purpose other than personal, non-commercial use is
a violation of the copyrights, trademarks and other proprietary rights, and is
prohibited. Any use for which You receive any remuneration, whether in money or
otherwise, is a commercial use for the purposes of this clause. It is expressly
clarified that You will retain ownership and shall solely be responsible for
any content that You provide or upload when using any Service, including any
text, data, information, images, photographs, music, sound, video or any other
material which you may upload, transmit or store when making use of Our various
Service. However, We reserve the right to use/reproduce any content uploaded by
You and You agree to grant royalty free, irrevocably, unconditionally, perpetually
and worldwide right to Us to use the content for reasonable business purpose.

  1. Limitation of Liability:

In no event shall 1zero1 be liable for any indirect, punitive, incidental, special,
consequential damages or any other damages resulting from:

  • the use or the inability to use the Services or Products
  • unauthorized access to or alteration of the user’s transmissions or data
  • breach of condition, representations or warranties by the manufacturer of the Products
  • any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. 1zero1 shall not be held responsible for non-availability of the 1zero1 during periodic maintenance operations or any unplanned suspension of access to the 1zero1. The User understands and agrees that any material and/or data downloaded at 1zero1 is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, 1zero1’s liability shall be limited to an amount equal to the Products purchased value bought by You. 1zero1 shall not be liable for any dispute or disagreement between Users.
  1. Termination:

1zero1 may suspend or terminate your use of the 1zero1 or any Service if it believes, in
its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until 1zero1 chooses to terminate them.

  • If You or 1zero1
    terminates your use of the Platform or any Service, 1zero1 may delete any content or other materials relating to your use of the Service and 1zero1 will have no liability to you or any third party for doing so. However, your transactions details may be preserved by 1zero1 for purposes of tax or regulatory compliance.
  • 1zero1 may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, 1zero1 credit and pending refunds if any will be
    forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of 1zero1.
  • If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead 1zero1 by sharing multiple address and phone numbers or transacting with
    malafide intentions then 1zero1 reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
  1. Jurisdictional Issues/Sale in India Only:

Unless otherwise
specified, the material on the Platform is presented solely for the purpose of
sale in India. 1zero1 make no representation that materials in the Platform are
appropriate or available for use in other locations/Countries other than India.
Those who choose to access Platform from other locations/Countries other than
India do so on their own initiative and 1zero1 is not responsible for supply of
products/refund for the products ordered from other locations/Countries other
than India, compliance with local laws, if and to the extent local laws are
applicable.

  1. Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India
without reference to conflict of laws principles and disputes arising in
relation hereto shall be subject to the exclusive jurisdiction of courts,
tribunals, fora, applicable authorities at Bangalore. The place of jurisdiction
shall be exclusively in Bangalore.

  1. Contacting the Seller:

At 1zero1, we are committed towards ensuring that disputes between 1zero1 and Buyers are
settled amicably by way of the above dispute resolution mechanisms and
procedures. However, in the event that You wish to contact 1zero1, You may
proceed to do so by clicking on the contact us field. Alternatively, You may
also reach out to the business number at +91-9641010107 or access help
center at https://1zero1/contact/

  1. Disclaimer:

You acknowledge and undertake that you are accessing the services on the Platform and
transacting at your own risk and are using your best and prudent judgment
before entering into any transactions through 1zero1. We further expressly
disclaim any warranties or representations (express or implied) in respect of
quality, suitability, accuracy, reliability, completeness, timeliness,
performance, safety, merchantability, fitness for a particular purpose, or
the legality of the products listed or displayed or transacted or the content
(including product or pricing information and/or specifications) on Platform.
While we have taken precautions to avoid inaccuracies in content, this website,
all content, information (including the price of products), software, products,
services and related graphics are provided as is, without warranty of any kind.
At no time shall any right, title or interest in the products sold through or
displayed on Platform vest with 1zero1 nor shall 1zero1 have any obligations or
liabilities in respect of any transactions on Platform.

Delivery Related
– User agrees and acknowledges that any claims regarding order delivery
(including non-receipt/ non-delivery of order or signature verification) shall
be notified to 1zero1 within the completion of 3 days from the alleged date &
time of delivery of product reflecting on the 1zero1 portal. Non-notification
by You of non-receipt or non-delivery within the time period specified shall be
construed as a deemed Delivery in respect of that transaction. 1zero1 disclaims
any liability or responsibility for claims regarding non-delivery, non-receipt
of order (including signature verification in Proof of delivery) after 5 days
from the alleged date of delivery of the product reflected on the 1zero1 portal.

  1. Cart Notification

A specific style, You will have access to the price offered in all categories on the
Platform for the relevant style.

  1. Convenience Fee

Subject to the Terms of Use and the below terms and conditions, 1zero1 may levy a convenience fee on all low-value orders on the 1zero1 Platform, and for cases provided
under point 5 below, hereinafter collectively referred to as “Convenience Fee”.

  1. The Convenience Fee shall be specified on the shopping bag page on the 1zero1 Platform.
  2. The Convenience Fee shall be charged on the overall order value. Only 1zero1 reserves the right to modify/waive off the Convenience Fee from time to time.
  3. The Convenience Fee shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to 1zero1 MIRO Labs Private Limited.
  4. To protect the rights of customers, 1zero1 reserves the right to collect a Convenience Fee for all orders and disable cash on delivery options for accounts that have a high percentage of returns and shipments not accepted, of the number of orders placed through such accounts.
  5. Grievance Officer

In accordance with Information Technology Act 2000 and rules made thereunder and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the
Grievance Officer are provided below:

Mr. Rickey Dalbehera

Designation: Director

MIRO Labs Pvt Ltd ,

Contact us: info@1zero1

Phone: +91-9641010107

Time:
Mon – Sat (9:00 – 18:00 Hours) Customer Support: You can reach our customer
support team to address any of your queries or complaints by clicking the link,
selecting your order: https://1zero1/contact/

Version: 1.0.2

Terms & Conditions Release Date: 25th May, 2022