Terms of Use Effective Date: 1st August, 2019 Standard Apparel LLP, the owner of the brand “REWEAR” (“REWEAR”) is pleased to provide to you access to its services. These terms govern your use and our provision of the mobile concierge services to facilitate the buying and selling pre-owned luxury products. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. 1. Contract between You and Us This is a contract between you (“You”) and Standard Apparel LLP LLP, a limited liability partnership incorporated under the laws of the India having its registered office at 611, 6th Floor, Reliable Pride Business Centre, Anand Nagar, Opposite Heera Panna, Jogeshwari (West), Mumbai - 400 102 Maharashtra, India and/or its affiliates. You must read and agree to these terms before using or accessing Services. If You do not agree, You should not use our Services. These terms describe the limited basis on which the REWEAR Services are available and supersede prior agreements or arrangements. Use of REWEAR Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e. under the age of eighteen (18) years, You may use the services only with the consent of a Parent (defined hereinafter). Supplemental terms and conditions may apply to some REWEAR Services, such as rules for a consignor’s registration, consignment of goods, delivery service or other activity, or terms that may accompany certain content or software accessible through the REWEAR Services. Supplemental terms and conditions will be disclosed to You in connection with the applicable competition, service or activity. Any supplemental terms and conditions are in addition to these terms, and in the event of a conflict, prevail over these terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits upon You. Notwithstanding the above, if any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. REWEAR may immediately terminate this contract with respect to You (including Your access to the REWEAR Services) if You fail to comply with any provision of these terms. 2. REWEAR Services The REWEAR Services are for Your personal, use and are intended for selling and purchasing pre-owned luxury wear and other similar purposes only. The REWEAR Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the REWEAR Services are owned by us or our licensors or licensees or any affiliate companies. Except as we specifically agree in writing, no element of the REWEAR Services may be used or exploited in any way other than as part of the REWEAR Services offered to You. You may own the physical media on which elements of the REWEAR Services are delivered to You, but we retain full and complete ownership of the REWEAR Services and all the intellectual property rights vested therein. We do not transfer title to any portion of the REWEAR Services to You. Nothing provided by any brand owned or licensed by REWEAR should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any trademark displayed on REWEAR Services without the written permission of REWEAR. Content and Software License You agree not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the REWEAR Services to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of REWEAR. You may not redistribute, circumvent or disable any content protection system or digital rights management technology used with any REWEAR Service; decompile, reverse engineer, disassemble or otherwise reduce any REWEAR Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any REWEAR Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. By acquiring services, content or software through the REWEAR Services, You represent and warrant that Your access to and use of the services, content or software will comply with those requirements. Your Conduct You must not use the services in any way that causes, or is likely to cause, the services or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not REWEAR, is responsible for all electronic communications and content sent from Your device to us and You must use the services for lawful purposes only. You must not use the services for any of the following: • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity; • to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; • to cause annoyance, inconvenience or needless anxiety. Disclaimers and Limitation on Liability THE REWEAR SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS ESPECIALLY IN RELATION TO THE AUTHENTICITY OF THE PRODUCTS AND/OR REPLACEMENT PARTS. WE SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, LOSS OF OR DAMAGE TO DATA OR LOSS OF BUSINESS OR GOODWILL AND OR PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IF YOU ARE DISSATISFIED WITH REWEAR SERVICES, THE PRODUCTS AVAILABLE ON IT, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING OR USING REWEAR SERVICES. UNLESS OTHERWISE SPECIFIED, REWEAR SERVICES ARE PRESENTED SOLELY FOR THE PURPOSE OF PURCHASING, INFORMATIONAL AND FOR OTHER SIMILAR PURPOSES IN ACCORDANCE WITH THE LAWS OF INDIA. REWEAR MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. Additional Restrictions on Use of the REWEAR Services You may not submit posts intended to promote and/or generate revenue for yourself and/or any third party business activity. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any REWEAR Service or connected network, or interfere with any person or entity’s use or enjoyment of any REWEAR Service. Additionally, You agree not to access, monitor or copy any element of the REWEAR Services using a robot, spider, scraper or other automated means or manual process without our express written permission. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to REWEAR servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, REWEAR grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. REWEAR reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by REWEAR (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the REWEAR Service with respect to their Content. Third Party Hyperlinks The appearance of external hyperlinks and/or other elements generated by third parties on this site does not constitute endorsement by REWEAR and/or its affiliate companies of the opinions or views expressed by such third parties' websites. REWEAR does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties' sites. Furthermore, REWEAR is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties' sites. As such, REWEAR will not be responsible for content provided on any third party website, and further REWEAR will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites. Third-Party Services and Content The REWEAR Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. If You access a REWEAR Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the REWEAR Services. You agree that Your access to the REWEAR Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. Mobile Networks When You access the REWEAR Services through a mobile network, Your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain REWEAR Services may be prohibited or restricted by Your network provider and not all REWEAR Services may work with Your network provider or device. 3. Your Content and Account User Generated Content The REWEAR Services may allow You to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. We do not claim ownership to Your User Generated Content; however, You grant us a non-exclusive, sub licensable, irrevocable perpetual and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit, commercially or otherwise, such User Generated Content, in whole or in part, in all media formats now known or hereafter devised (including in connection with the REWEAR Services and on third-party sites and platforms such as Facebook, Instagram, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to You, with or without attribution, and without the requirement of permission from or payment to You or any other person or entity. The User Generated Content may be subject to such additional terms and conditions provided by REWEAR at the time of submission. You represent and warrant that Your User Generated Content conforms to these terms and that You own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, Your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of Your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. REWEAR reserves the right to decide whether the User Generated Content or any other content violates this Terms of Use. To the extent that we authorize You to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant You a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon Your assignment to us of all rights in the work You create. If such rights are not assigned to us, Your license to create derivative works using our copyrighted works shall be null and void. We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a REWEAR Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to You. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users. Claims against Objectionable Content We operate on a "notice and takedown" basis. If You believe that any content on Our services is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Notifying of Objectionable Content. Once this procedure has been followed, REWEAR will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time. Notice and Procedure for Notifying REWEAR of Objectionable Content If You believe that any content on, or advertised for sale on, the services contains any Objectionable Content as defined hereinabove, please notify us immediately by sending us a notice in the format as set out below. Please note that this procedure is exclusively for notifying REWEAR of Objectionable Content on or advertised for sale on the REWEAR services. Please provide your address, telephone number, and e-mail address when sending the notice to us. Important Warning: Giving false, misleading or inaccurate information in the Notice to REWEAR may result in civil and/ or criminal liability. Notice to REWEAR of Objectionable Content I, [Please set out your full name] of [please give your postal address], [please set your number], says as follows: 1. I refer to the services [●] ("the services "). I make this statement in support of my giving REWEAR notice that, via the services, it is causing or contributing to the publication of Objectionable Content. 2. The Objectionable Content (delete whichever paragraph is not applicable): (a) appear in [●] being sold by REWEAR via the services entitled [please insert suitable description]. OR (b) appear on the services at [please cut and paste the address of the relevant Web page from the services where the Objectionable Content appears]. 3. This content is Objectionable Content because [please state why you consider the content is Objectionable Content]. 4. I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about. Statement of Truth I declare the facts stated above to be true. Signed: Dated: Please read the conditions of use carefully before using the REWEAR services. By using the REWEAR services, you signify your agreement to be bound by these conditions. Accounts Some REWEAR Services permit or require You to create an account to participate or to secure additional benefits. Such an account may be created by You, if You are above eighteen (18) years of age. You agree to provide and maintain accurate, current and complete information; including Your contact information for notices and other communications from us and Your payment information. You agree to inform us immediately of any changes to the information that You provided when registering. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details of a Parent. You agree that we may take steps to verify the accuracy of information You provide, including contact information for a Parent. You may never use another's account without permission. You undertake not to impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or disguise the origin of any content, stalk or otherwise harass another person or user, upload, post or e-mail any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships, upload, post or e-mail any content that infringes any intellectual property rights or other third party rights of any party or violate any applicable national or international laws or regulations. As a REWEAR account holder You may submit content to the Service, including videos and user comments. You understand that REWEAR does not guarantee any confidentiality with respect to any content that You submit. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate Your account and Your ability to use the REWEAR Services if You engage in, encourage or advocate for illegal conduct, or if You fail to comply with these terms or any supplemental terms. Passwords and Security You are responsible for taking reasonable steps to maintain the confidentiality of Your username and password, and You are responsible for all activities under Your account that You can reasonably control. You should take all necessary steps to ensure that the password is kept confidential and secure, and You agree to promptly notify us if You have any reason to believe of any unauthorized use of Your username, password or other account information, or of any other breach of security that You become aware of involving the REWEAR Services. Although REWEAR will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of any other third parties or others due to such unauthorized use. The security, integrity and confidentiality of Your information are extremely important to us. To the best of our ability, we have implemented technical, administrative and physical security measures that are designed to protect Your information from unauthorized access, disclosure, use and modification. Electronic Communications When You use any REWEAR Services, or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail, SMS, phone call or by posting notices on this site or through the other REWEAR Services. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. 4. Paid Transactions Identity of Consignor The identity of the consignor shall not be revealed to a buyer unless specifically required by the buyers, unless required by law. If You have questions about Your order, please contact REWEAR and we will assist You. The Order Process You will have the opportunity to review and confirm Your order, including delivery address (if applicable), payment method and product details. We will send to You a notice when we accept Your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to You at the time we send the notice. At such time, the contract for sale will be made and become binding on both You and us. The risk of loss in any goods You purchase and the responsibility to insure them passes to You when the relevant goods are delivered. The delivery timelines for each of the product shall be shared with you at the time of place the order. In the case of gifts or other purchases made on behalf of another recipient, You also agree to grant the foregoing authorizations on behalf of the recipient designated in Your order. We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in Your order being cancelled includes system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact You if any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after we have processed Your payment but prior to delivery, we will refund Your payment. Payments and Billing When You provide payment information, You represent and warrant that the information is accurate, that You are authorized to use the payment method provided, and that You will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards. Right of Return We accept returns within 72 hours of delivery of the product, only for the following reasons: (i) If there is a major discrepancy between the product description and the product; (ii) If there are major sizing issues; (iii) Issues relating to product authenticity substantiated by reasonable evidence. In cases of returns, we only ask that you do not use the product and preserve its original condition, tags, and packaging. You are welcome to try on a product but please take adequate measure to preserve its condition. The aforesaid is not applicable for products which are altered and further there will be no exchanges and returns in such cases. Pricing; Taxes We may revise the pricing for products and services we offer. When You place Your order, we estimate the tax and include that estimate in the total for Your convenience. The actual tax amount that will be applied to Your order and charged to Your payment method chosen by you. 5 Disclaimer Authenticity: You acknowledge and agree that REWEAR’s authentication process is in-house and independent. Brands identified on the Services are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the services. Brands sold on the services are not partnered or affiliated with REWEAR in any manner. Further, REWEAR acknowledges and agrees that REWEAR is not providing any representations to the authenticity of the Product. We shall neither be liable nor responsible for any actions or inactions of consignors nor any breach of conditions, representations or warranties by the consignors or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the consignors or manufacturers of the products. You acknowledge and undertake that you are accessing the services on the services and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through Our services. 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 legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Our services. While we have taken precautions to avoid inaccuracies in content, this services, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. 6 Supplemental terms for Consignor Enrolment: To begin the enrolment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law. As part of the application, you must provide us with your (or your business) legal name, address, phone number, e-mail address and applicable tax registration details. We may at any time cease providing any or all of the Services at our sole discretion and without notice. You acknowledge and agree that the transactions under this Terms of Use is on a principal to principal basis. REWEAR does not represent you or any brands in the sale of Products. REWEAR procures the products from you on a consignment basis. You acknowledge and agree that no ownership, or risk in title is passed on to REWEAR. Consignment Process: If a consignor is desirous of selling any products using REWEAR services, then the consignor may reach out to REWEAR through [●]. REWEAR shall thereafter provide the consignor with a questionnaire regarding the product and shall at its discretion determine to procure the products for further evaluation. REWEAR shall then arrange for the transportation of the products to REWEAR’s storeroom for evaluation of the product. REWEAR shall within 72 (seventy two) hours determine whether consign the Product. If REWEAR consigns the product, REWEAR shall list the product for sale for a period of 90 days. If the product is not sold within the said 90 days period, then REWEAR shall return the product to the consignor after deducting relevant charges. Service Fee Payments: Fee details are described fully in the applicable purchase order. You are responsible for all of your expenses in connection with this Terms of Use, unless this Terms of Use or the applicable purchase order provide otherwise. We may require you to submit valid bank information for a bank account in your name that is with a bank located within India and enabled for your account (which functionality may be modified or discontinued by us at any time without notice) ("Your Bank Account"). You will use only a name you are authorized to use in connection with the Service and will update such information as necessary to ensure that it at all times remains accurate and complete. You agree that REWEAR shall not be liable for any failure to make payments to you on account of incomplete or inaccurate information provided by you with respect to Your Bank Account. In addition to charging payable sums to Your Bank Account, we may instead choose to either (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you, or (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt. If we discover erroneous or duplicate transactions, then we reserve the right to seek reimbursement from you by deducting from future payments owed to you, charging Your Bank Account, or seeking such reimbursement from you by any other lawful means; provided that the foregoing will not limit your rights to pursue any good faith dispute with Amazon concerning whether any amounts are payable or due. Consignor shall provide REWEAR with all documents including but not limited to PAN Card number, Aadhar Card number and GST details and any other documents required by REWEAR to process payments. Payments maybe made to the consignor’s bank account, or be credited against the consignor’s waller on REWEAR for further offsetting against future transactions. This payment can also be redeemed as a gift voucher for third party services. Please note that these third party gift voucher will be subject to further terms and conditions. As a registered consignor, you are allowed to list item(s) for sale on the Services in accordance with this Services. You must be legally able to sell the item(s) you list for sale on the Services. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer plus REWEAR’s commissions. You agree that commission paid to REWEAR is non-refundable. Damage: In the event, there has been any damages to the products under REWEAR’s care due to REWEAR’s negligence, then REWEAR shall at its discretion pay the consignor the minimum estimate of purchase price as per REWEAR’s prevailing pricing policy or repair the product and return the product to the consignor. REWEAR’s determination in this regard shall be final. Damages if any from a buyer’s end will have to notified to REWEAR within 72 days of receipt of the products. Representations You represent and warrant to us that: (a) you are duly organized, validly existing and in good standing under the Laws of the territory in which your business is registered and are a resident of India for income tax purposes every financial year; (b) you have all requisite right, power and authority to enter into this Agreement and perform your obligations and grant the rights, licenses and authorizations you grant hereunder; (c) you will comply with all applicable Laws (including but not limited to procuring and maintaining applicable tax registrations) in your performance of your obligations and exercise of your rights under this Agreement. You release us from, and agree to indemnify, defend and hold harmless us (and our officers, directors, employees, agents and Affiliates) against, any claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement; (b) Your Products (including the offer, sale, fulfilment, refund, adjustment, or return thereof), Your materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death or property damage related thereto; or (c) Your Taxes. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we determine in our sole discretion that any indemnified Claim might adversely affect us, we may take exclusive control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld. 7. Miscellaneous Provisions Claims of Copyright Infringement Notifications of claimed copyright infringement and counter notices must be sent to our designated address: Think Pattern Pvt. Ltd., Plot No. 10, 2nd Pasta Lane, Lane next to Dena Bank, Opposite Colaba Market, Colaba, Mumbai - 400 005 Maharashtra, India Choice of Law These terms are governed by and construed in accordance with the laws of Republic of India and the courts of Mumbai shall have exclusive jurisdiction in this regard. You waive any claims that You might have against REWEAR based on any other jurisdiction including your own. Access to the services We will do our utmost to ensure that availability of the services 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 services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction Severability If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Survival The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination. Waiver No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by REWEAR without restriction. Force Majeure REWEAR’s performance of its obligations under this Contract will be suspended for so long as REWEAR is prevented from doing so by an Event of Force Majeure. “Event of Force Majeure” shall mean such events or circumstances, which are beyond the control of REWEAR and which events could not have been reasonably foreseen or anticipated by REWEAR upon the exercise of due care and diligence, including but not limited to REWEAR Services’ operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting REWEAR), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of REWEAR Services beyond REWEAR’s control.