The terms and conditions as set out herein ("Terms") constitute an agreement between Triumph International (India) Private Limited, having its registered office at No.240B,Sengundram, Village, Singaperumal kovil, Chengalpet District- 603204,Tamil Nadu, India ("we", "us" or "our"), which operates the https://in.triumph.com/ (defined below) and a natural or legal person who accesses and/or uses Triumph & Sloggi Platform in any manner ("you" or "your") or uses any current or future service or functionality or offer made available on Triumph & Sloggi Platform ("Service(s)"), as updated from time to time.
By using the Triumph & Sloggi Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the Triumph & Sloggi Platform . If you have any questions about the terms, please contact at firstname.lastname@example.org. Please note that your access to the Services, other platforms or utilisation of Products (defined below), offers or promotions in relation to the Products as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines ("Additional Terms") along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the Triumph & Sloggi Platform and transaction or dealings thereon.
For the purposes of these Terms: (a) "Triumph & Sloggi Platform" means the https://in.triumph.com/, which include its corresponding mobile application/wallet/ website/tablet/desktop or any other digital mode and/or operating system as provided by us, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by us; (b) "Products" shall mean, Women’s Intimate Wear including Bras, Panties, Sleepwear, Activewear, Shapewear, and other products including menswear, offered for sale to you on the Triumph & Sloggi Platform ; and (c) We and you are hereinafter individually referred to as "Party" and collectively as "Parties".
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the Triumph & Sloggi Platform and for purchase of Products thereof.
A. TERMS AND CONDITIONS FOR USAGE OF TRIUMPH & SLOGGI PLATFORM
1.4 This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5 We authorise you to view and access the Triumph & Sloggi Platform solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, therefore, grant you a limited, revocable permission to access and use the Services.
1.6 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Triumph & Sloggi Platform under the supervision of his/her parent or legal guardian and that such user's parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Triumph & Sloggi Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
2. REGISTRATION OF YOUR ACCOUNT
2.1 In order to purchase Products on the Triumph & Sloggi Platform and/or avail the Services, you will have to register on the Triumph & Sloggi Platform. Registration is a one-time process based on successful mobile OTP (One Time Password) verification and you will be eligible to further access and avail the Services only upon receipt of a confirmation e-mail from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.
2.2 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Triumph & Sloggi Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
3. COMMUNICATION AND UNSUBSCRIPTION
3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.
4. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
4.1 We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter "Information") provided as part of this Triumph & Sloggi Platform is correct at the time of inclusion on the Triumph & Sloggi Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.
4.2 You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Triumph & Sloggi Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Triumph & Sloggi Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, this website, the Information, or any third-party website linked to this Triumph & Sloggi Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
4.3 As means to assist the users in identifying the Products of their choice, we provide visual representations on the Triumph & Sloggi Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.
4.4 Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
4.5 We do not covenant or provide any representations and warranties:
4.5.1 in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on Triumph & Sloggi Platform;
4.5.2 that the Services will be made available at all times; and
4.5.3 that the operation of Triumph & Sloggi Platform, including the functions contained in any content, information and materials on Triumph & Sloggi Platform or any third-party sites or services linked to Triumph & Sloggi Platform will be uninterrupted, or that the defects will be rectified, or that Triumph & Sloggi Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
4.6 This Triumph & Sloggi Platform and the services are provided to you on an "as is" and "where-is" basis, without any representations or warranties. we, for our self and any third-party providing materials, services, or content to this website, make no representations or warranties, either express, implied, statutory or otherwise of merchantability, fitness for a particular purpose, or non infringement of third-party rights, with respect to the Triumph & Sloggi Platform, the information or any products or services to which the information refers. We will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site, even if we have previously been advised of the possibility of such damages.
4.7 Disclaimer -To the extent permitted by applicable law, We, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Triumph & Sloggi Platform.
5. AVAILIBILITY AND ACCESIBILITY OF TRIUMPH & SLOGGI PLATFORM
5.2 We have several websites offering Products, Services, content and various other functionalities to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. We do not make any warranty or representation that a user in one region may obtain the Services from our site in another region and we may cancel a user's order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
5.3 Information that we publish on the world wide web may contain references or cross references to our Products, programs and Services that are not announced or available in your country. Such references do not imply that we intend to announce such Products, programs or Services in your country. Consult our local business contact for information regarding the Products, programs and Services that may be available to you.
5.4 We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from persons using the Triumph & Sloggi Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Triumph & Sloggi Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
6. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
6.1 In your use of Triumph & Sloggi Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Triumph & Sloggi Platform or access any other third-party website linked to the Triumph & Sloggi Platform. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
7.1 The Triumph & Sloggi Platform contains material, including text, graphics and sound, which is protected by copyright and/or other intellectual property rights of Triumph. All copyright and other intellectual property rights are either owned by Triumph or have been licensed of those rights so that it can use Triumph & Sloggi Platform. We retain copyright on all information, including text, graphics and sound and all trademarks displayed on the Triumph & Sloggi Platform are either owned by or licensed to us.
7.2 You may use and display the Triumph Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive and non-transferable license to you by us when you register on the Triumph & Sloggi Platform, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with our Return and Refund Policy and for using and printing copies of the information on the Triumph & Sloggi Platform for your personal use and store the files on your computer for personal use only and not for business purposes.
7.3 You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Content contained in the Triumph & Sloggi Platform. These restrictions apply in relation to all or part of available on the Platform; (b) copy and distribute the information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from Platform; or (e) link any other material to the Triumph & Sloggi Platform, without our express written consent.
7.5 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at email@example.com and let us know of your concerns.
All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
9. LICENSE AND USE OF YOUR CONTENT
9.1 You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Triumph & Sloggi Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Triumph & Sloggi Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
9.2 You agree that we do not routinely monitor your postings on Triumph & Sloggi Platform but reserves the right to do so. However, if we become aware of inappropriate use of the Triumph & Sloggi Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
9.3 Submissions and unauthorised use of any materials contained on the Triumph & Sloggi Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Triumph & Sloggi Platform or the use of the Triumph & Sloggi Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
10. USER WARRANTIES AND RESTRICTIONS
10.1 You represent and warrant that: (a) your use of Triumph & Sloggi Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Triumph & Sloggi Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
10.3 You will not do any of the following:
10.3.1 Delete or modify any content on Triumph & Sloggi Platform, such as any information regarding the Services, their performance, sales or pricing;
10.3.2 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Triumph & Sloggi Platform;
10.3.3 Make false or malicious statements against the Services, Triumph & Sloggi Platform or us;
10.3.4 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Triumph & Sloggi Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Triumph & Sloggi Platform and/or the Services;
10.3.5 Introduce any trojans, viruses, any other malicious software, any bots or scrape Triumph & Sloggi Platform for any information;
10.3.6 Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
10.3.7 Hack into or introduce malicious software of any kind onto Triumph & Sloggi Platform;
10.3.8 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
10.3.9 Engage in any form of antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling,", "phishing" and "griefing" as those terms are commonly understood and used on the internet.
10.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Triumph & Sloggi Platform, any information that:
10.4.1 belongs to another person and to which you do not have any right;
10.4.2 is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
10.4.3 harms minors in any way;
10.4.4 infringes any patent, trademark, copyright or other proprietary rights;
10.4.5 violates any law for the time being in force;
10.4.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
10.4.7 impersonates or defames another person; or
10.4.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
10.4.9 patently false, untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
10.4.10 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 cognisable offence or prevents investigation of any offence or is insulting other nation.