TERMS AND CONDITIONS

Terms of Use

for the PUMA Shopping App

PUMA SE, PUMA Way 1, 91074 Herzogenaurach, Germany (“PUMA”/“We”/“Us”/”Our”) provides a shopping app (“App”). Your use of the App requires that you (“Customizer”/“You”) agree to these terms of use (“TermsofUse”), which form the basis of your use of Our App (“AppUse”). Please read these Terms of Use carefully and familiarize Yourself with the provisions provided herein. Your consent indicates that you are capable of entering into this contract ( competent Parties), your consent being free ( without any force or coercion) and the object and consideration being for a lawful purpose.

These Terms of Use do not cover the purchase of products as well as Your obligations in relation to such purchases in relation to the seller of the goods. Such purchases are subject to separate general terms and conditions of sale, which are available here in the App. Please note that PUMA SE does not act as seller of goods for purchases made via this App. The seller of goods is [Puma Sports India Pvt Ltd ], as also indicated in the applicable general terms and conditions of sale.

For any questions related to products offered for sale via the App or your purchase of such products, please contact customer care : […] . Further for any other grievance , please contact ____

Grievance Officer:

Chandil Kumar,

Assistant Manager, Customer Relationship,

Puma Sports India Private Limited,

address

Email id: customercareindia@puma.com

Phone: 080-35353535 (Available between 9AM to 7PM)

Availability, functionality and changes

We offer You the possibility to use the App if and to the extent that the App is available and functional. However, We do not guarantee the continuous availability and functionality of the App.

We offer the possibility to use the App only with the functionalities and the quality that the App currently provides at the time, but We do not promise any functionality or quality. Information about the functionality and quality of the App in advertising material is not part of the Terms of Use.

We are entitled to change the App, at any time and without prior notice, including to modify functionalities (“Changes”), provided that the App continues to generally provide the scope described in Section 2 and that such Changes are not unreasonable for You. We will also update the App from time to time to meet security requirements.

Intellectual property and other protective rights

The App and all of the content featured or displayed in the App, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (collectively “Content”), is owned by PUMA, Our licensors and/or content providers. All elements of the App, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Content or any part thereof, except as explicitly permitted under these Terms of Use. You will not remove any copyright, trademark or other proprietary notices from the Content.

The App contains many trademarks, trade names, service marks, copyrights and or logos of PUMA and may also contain several protected marks of PUMA's numerous affiliates and third parties. Such marks remain the property of their respective owners. You recognize and acknowledge the ownership of these marks and understand that You do not acquire, through use of the App or otherwise, any right, title, or interest in the marks. You agree that You will not change, modify and or exploit the marks, nor participate in any activity which modifies and or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization of PUMA is strictly prohibited.

Duties of care and cooperation

You are responsible to ensure that the electronic equipment You use has all the relevant technical specifications that are required for using the App.

When using the App, you must not create any content that is misleading, insulting, offensive, discriminatory, is defamatory or promotes or supports an illegal act or otherwise violates applicable law.

You agree to use the App solely in compliance with all applicable laws. You are prohibited from using the App to support activities that may cause Us to violate applicable law.

You may not use, upload, copy, submit or publish any pictures, names or other text or other content which incite violence, are threatening, defamatory, obscene, discriminatory, inflammatory, sexually explicit or otherwise offensive or unlawful; consist of/contain content protected by law, including the name of products, services, companies, organizations or events which belong to a third party; infringe third party trademarks or other rights, including intellectual property rights, of third parties.

By uploading content in the App or from the App on third party platforms (e.g. social media platforms), you confirm that any content (including without limitation names, text, pictures) you submit to us do not fall into any of the above categories.

By uploading content in the App You grant Us and our affiliates a non-exclusive, worldwide, sub-licensable and transferable right to use, reproduce, publicly disclose and modify the content within the App.

You also agree not to use the App in a way that

searches, retrieves, copies or monitors the App and/or its elements using a program, algorithm, or comparable method for collecting or extracting data (such as using automated tools like bots, spiders, or scrapers),

is designed to modify, reproduce, or otherwise make available to the public, or publicly broadcast, or create a separate service comparable to, or to replicate (any part of) the App,

damages, disrupts or otherwise impairs the operation of the App as well as the systems, infrastructure and/or applications used to operate it, which includes sending, transmitting or implementing files that contain viruses, worms, Trojan horses, or other harmful or destructive features,

is designed to investigate, scan or test vulnerabilities of the App or to circumvent or compromise security and/or authentication measures that protect the App and/or its elements;

copies, translates, disassembles, decompiles, reverse engineers or otherwise modifies the software of the App in whole or in part, or creates derivative works thereof;

is illegal, harmful to others, or may give rise to civil liability. You will not use the App to engage in any of the following activities: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and or (v) activities that infringe upon any legally protected property right, etc.

Third Party Relationships

The App may contain several links to other sites. These links are provided merely to assist You. These sites are independent of the App and We do not and cannot control the content and or representations of such sites. The information presented on these links may not necessarily reflect those beliefs held by Us. The inclusion of a link does not mean that We accept or endorse any of the content contained in such site. You are responsible to protect yourself while associating with the linked site.

Terminating AppUse

Each party can terminate the AppUse at any time without observing a notice period and without giving a reason.

The right of each party to extraordinarily terminate the AppUse without notice on important grounds as well as Our right to suspend Your access to the App pursuant to Section 6 remain unaffected.

Suspending Your access to the App

We may at Our sole discretion suspend access to the App if We determine or have reasonable grounds to suspect that Your use of the App:

violates these Terms of Use and/or applicable law,

infringes the rights of third parties,

poses a security risk to the functionality of the App,

could subject Us and/or other users to liability; or

could be fraudulent.

We also reserve the right to suspend access to the App if You have refused to agree to a reasonable Amendment of these Terms of Use pursuant to Section ‎9.1 by the scheduled date of the Amendment coming into effect.

We may remove a suspension as soon as the reason for the suspension no longer exists.

Further claims against You remain unaffected.

Warranties and Limitation of liability

PUMA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PUMA BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
RELATING TO OR ARISING FROM THIS WEB SITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.

PUMA does not give any additional warranties or guarantee except for the same being mentioned on the site.

You agrees to indemnify PUMA and its affiliate companies for any breach and/ or misrepresentation made herein.

In the event of damages to property and financial losses caused by slight negligence, Our liability shall be limited to cases that constitute a breach of an essential contractual obligation and shall be limited in amount to the foreseeable damage typical of the AppUse, unless unlimited liability exists in accordance with the above Section ‎7.1. Essential contractual obligations are obligations which the Terms of Use imposes on Us in accordance with its content in order to achieve the purpose of the Terms of Use, the fulfilment of which is essential for the proper execution of the Terms of Use and upon fulfilment of which the You may regularly rely.

In all other cases, Our liability is excluded.

The above limitations of liability also apply regarding the liability of Our vicarious agents, employees, and legal representatives.

Indemnity

You indemnify Us at Your own expense from all claims of third parties as well as any losses, damages, costs, expenses or other liabilities associated therewith, which result from the use of the App in a way that culpably infringes the rights of third parties and/or violates these Terms of Use or applicable law.

If any claims are made against Us under Section 7.1, We will promptly notify You of the claims, and assign to You full authority and control over the defence of such claims (to the extent permitted by applicable law) and We will, to the extent reasonably practicable, assist You in Your defence.

You agree to indemnify, defend, and hold harmless, PUMA, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of user's use of this web site. PUMA has the right to control any defense pertaining to this section.

Miscellaneous

Changes to the App pursuant to Section ‎1.3, as well as changes to statutory requirements may make it necessary for Us to amend these Terms of Use (“Amendment”).

Should any individual provision of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the other provisions of the Terms of Use which shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision which accords most closely with the presumed intention and the intended purpose of the Terms of Use and the parties agree to provide any necessary declarations in this respect.

Version 01 – 7 April 2022

T & C for Purchase.. to be added

2. All orders shall be subject to terms and conditions as mentioned below. Any person placing an order/s on the website ordering the product ( “ customer”) shall be capable of entering into this contract ( competent Parties), their consent being free ( without any force or coercion) and the object and consideration being for a lawful purpose.

3. All customer / users of this web site hereby understand and agree that their use and/ or placement of any product on the website constitutes the acceptance of the terms and conditions set forth herein in totality and in the event such terms and conditions are not acceptable, the customer/ or user shall not place an order. The Customer/ User confirms and acknowledges that usage of this website is an acceptance of the T & C of this website and is also a representation by the user that he/ She is capable of entering into this Agreement, their consent is free , the object of the product being ordered and consideration being paid is for a lawful purpose.

4. PUMA, reserve the right to modify the terms and conditions at any time without prior notice. 3.

4. The Product should be delivered only in India and can be ordered only by persons residing in India and having a valid address. The delivery shall be subject to the Customer complying with all the legal requirements, rules, regulation and having all statutory documents in place ( whether local or national). PSIPL or any third party courier agency shall not be responsible for any delivery not being done because of the non-existence or the non-production of the statutory documents or the address being incomplete or incorrect.

5. Once a product has been ordered, any further deviations can happen only before 5 days of the proposed delivery. Deviations from or subsequent amendments or additions to such order must be in writing. Any order or deviation by Phone shall be possible only if the same is followed by a written confirmation.

6. Subject to raising of a proper order the product shall be delivered at the address indicated by a third party courier agency. The customer herein gives an absolute authorization in favour of such third party agency to deliver the product ordered. As the products are to be delivered by a third party courier Agency, PSIPL shall not be responsible for any late delivery or any non-delivery because of the in correct address.

7.Puma shall have a right to share the information of the customer with such third party in order for the fulfillment of the order placed on the website. The Customer/ user confirms and acknowledges the same. The customer also gives the right to Puma use his / her information for sharing marketing and product update . Puma Sports India Pvt Ltd shall be the custodian or eh owner of such data.

8. The title of the products shall be transferred to the Customer once the products has been dispatched.

9. The taxes on the product shall be borne by the Customer.

Acceptance of Terms and Conditions :

Display of the product by on this website shall deemed to be proposal by and once the u Customer to order any product on the website, it shall be a deemed acceptance of the contract by such user.

Use of this web site and order made in pursuance of the same is user's acceptance of the terms and conditions contained herein. All users of this web site hereby understand and agree that their use of such web site constitutes acceptance of the terms and conditions set forth here.

PUMA reserve the right to modify the contents and terms and conditions being displayed on the website any time without prior notice. If you do not agree to these terms, you shall not use this web site.

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Prohibited Use:

Any use of this web site for an illegal or objectionable purpose is strictly prohibited. The customer agrees that it/he/she will not use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc.

By using this site, the Customer agrees that any and all information transmitted to or with the use of this site cannot and shall not be deemed confidential or proprietary. PSIPL along with its group/ affiliate companies (“PUMA”) reserves the right to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all information relating to such prohibited use. PUMA, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this web site. Any violation of this or any other section contained herein may result in termination of service and or any other action PUMA determines appropriate under the circumstances.

Third-Party Relationships:

This web site may contain links to other sites. These links are provided merely to assist the Customer. These sites are independent of PUMA's site, and PUMA does not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect those beliefs held by PUMA. The inclusion of a link does not mean that PUMA accepts or endorses any of the content contained in such site. The user is responsible to protect himself / herself while associating with the linked site. PUMA, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.

Modifications

This web site may contain typographical errors or technical inaccuracies. PUMA reserves the right to modify the content of this web site at any time without prior notice. PUMA's failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision.

Severability

If one or more of the provisions contained in these terms and conditions are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms and conditions and the balance of these terms and conditions shall be enforceable.

Force Majeure

Notwithstanding any other provision set forth in these terms and conditions, PUMA shall not be liable for any failure or delay in its performance due to any cause beyond PUMA's reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that PUMA shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

Indemnification

The Customer hereby agrees to indemnify, defend, and hold harmless, PUMA, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of user's use of this web site. PUMA has the right to control any defense pertaining to this section.

User Account and Password

You will receive a password and account upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on Pumashop.in will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. Pumashop.in will not be liable for any credit card fraud.

Relationship

Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore.

Entire Agreement

These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.