Terms of Use

Audacity Club Private Limited, operator of the Drip Club application and holydrip.club

Section 1

ABOUT THESE TERMS

1.1These Terms of Use ("Terms") govern your access to and use of the Drip Club mobile application and the website at holydrip.club, together with all related features, content and services (the "Platform").

1.2By creating an account, placing an order, or otherwise using the Platform, you agree to these Terms. If you do not agree, please do not use the Platform.

1.3These Terms constitute an electronic record under the Information Technology Act, 2000 and the rules made under it. They are generated by a computer system and do not require a physical or digital signature. Orders you place and contracts formed through the Platform are made by electronic means and are valid and enforceable under section 10A of the Information Technology Act, 2000.

1.4Our Privacy Policy, and any policy or additional terms we publish for a particular feature, form part of these Terms.

Section 2

WHO WE ARE

2.1The Platform is operated by Audacity Club Private Limited, a company incorporated in India.

Registered office
Second Floor, 235, Firegro Stay Safe Client Care Division, Indiranagar Double Road, Indiranagar, Bengaluru, Karnataka 560038, India
CIN
U62099KA2026PTC213980
GSTIN
29ABECA5946K1Z6
Customer support
[SUPPORT EMAIL]

2.2We operate products and services under the brands HolyDrip, Drip and Drip Club. Whichever brand you encounter, your contract is with Audacity Club Private Limited. In these Terms "we", "us" and "our" mean Audacity Club Private Limited.

Section 3

DEFINITIONS

3.1In these Terms:

  • Account: the account you create to use the Platform.
  • Merchant Partner: a third-party brand or supplier that offers Products for sale to you through the Platform.
  • Order: a request you submit to purchase one or more Products.
  • Product: any item offered for sale through the Platform, whether by us or by a Merchant Partner.
  • Store Credit: non-cash credit issued to your Account for use on the Platform.
  • You: the person using the Platform.

3.2In these Terms, a reference to a Section means one of the numbered Sections, such as Section 15, and a reference to a clause means a numbered paragraph within a Section, such as clause 15.1. Headings are for convenience and do not affect the meaning of these Terms.

Section 4

OUR ROLE

4.1The Platform is a marketplace. It brings customers and sellers together, and lets you discover, compare and buy Products.

4.2Products on the Platform are sold either by us from our own inventory, or by a Merchant Partner. The Platform identifies the seller of each Product before you complete your Order.

4.3Where a Merchant Partner is the seller, your contract of sale for that Product is with that Merchant Partner. We provide the Platform and, on their behalf, we facilitate payment collection, delivery, returns and customer support. We are not a party to that contract of sale, and we are not responsible for the Merchant Partner's non-performance or breach of it. This is subject to the duties the Consumer Protection (E-Commerce) Rules, 2020 place on us as a marketplace entity, and to clauses 23.3 and 24.1.

4.4In relation to Products sold by Merchant Partners we act as an intermediary within the meaning of the Information Technology Act, 2000, and as a marketplace e-commerce entity under the Consumer Protection (E-Commerce) Rules, 2020. We do not manufacture the Products, and we do not independently verify every detail supplied to us by a Merchant Partner, beyond the duties those Rules place on us.

4.5Where we are the seller from our own inventory, your contract of sale is with us, and we carry a seller's responsibilities for that Product.

4.6Whoever the seller is, we handle returns, exchanges and refunds through the single process in Sections 15 and 16, so that your experience is the same either way. For a Product sold by a Merchant Partner we administer that process as the partner's agent, and the Merchant Partner remains the seller responsible for taking the Product back and for the refund. Nothing in this Section limits your rights under the Consumer Protection Act, 2019 against us or against a Merchant Partner.

4.7Where a Product is sold by a Merchant Partner, we carry out the steps described in Sections 13 to 16, including delivery, collection of returns, checking returned Products and making refunds, as that partner's agent and on its behalf. The fulfilment and warehouse facilities referred to in those Sections are operated by us or for us in that capacity.

4.8The invoice for a Product sold by a Merchant Partner is issued to you in that Merchant Partner's name, as the seller of that Product. We issue the invoice only for Products we sell from our own inventory under clause 4.5.

Section 5

ELIGIBILITY

5.1You must be at least 18 years old and able to enter into a binding contract under the Indian Contract Act, 1872 to use the Platform or place an Order.

5.2By creating an Account, placing an Order, or otherwise using the Platform, you confirm that you meet this requirement. We may decline service, or close an Account, where we reasonably believe this is not the case.

5.3The Platform is intended for customers in India. We do not currently offer delivery outside India.

5.4If we learn that an Account holder is under 18, we will close the Account, stop using any height, weight, body type, skin tone or facial image data we hold for that person, and delete it, except where the law requires us to keep it.

Section 6

YOUR ACCOUNT

6.1You register and sign in using your mobile number and a one-time password. You are responsible for keeping access to that mobile number secure.

6.2You are responsible for activity on your Account. Tell us promptly at [SUPPORT EMAIL] if you believe someone else has used it.

6.3Keep the information on your Account accurate and current, particularly your delivery address and contact details. We are not responsible for a failed delivery caused by incorrect details.

6.4You may delete your Account at any time from the Platform. You can also request deletion without using the app, at [ACCOUNT DELETION REQUEST URL] or by writing to us at [SUPPORT EMAIL]. Deletion is subject to completion of any open Orders, returns or refunds, and to the retention periods described in our Privacy Policy, some of which are required by law.

6.5One person may hold one Account. We may restrict multiple Accounts operated by the same person or household where they are used to obtain benefits not intended for them.

Section 7

USING THE PLATFORM

7.1We grant you a personal, limited, non-exclusive, non-transferable and revocable licence to use the Platform for your own shopping. This licence ends when your Account is closed or your access is withdrawn under Section 21, or when you delete your Account under clause 6.4.

7.2You may not copy, scrape, crawl, mine, reverse engineer, resell or systematically extract any part of the Platform or its content, or use automated means to access it, without our written permission.

Section 8

PRODUCTS AND LISTINGS

8.1Descriptions, images and specifications for Products sold by Merchant Partners are supplied by those partners. We publish that information as it is given to us and do not independently verify it, and the Merchant Partner is responsible for its accuracy. We take reasonable care over the information we produce ourselves and over listings for Products we sell from our own inventory.

8.2Colours, textures and finishes may appear differently on your screen depending on your device and display settings. Some imagery is illustrative, styled, or computer-generated to show how a Product may look when worn. Sizes may vary between brands; please use the size guidance provided.

8.3Listing a Product is not a guarantee that it is in stock. Availability is confirmed when we accept your Order under clause 11.3.

8.4If a Product you receive does not match its description, this does not affect your statutory rights, and Section 15 applies.

8.5Before you order, each Product listing shows you: who the seller is and how to contact that seller's grievance officer, the total price with its breakup and any delivery charge, the country of origin, the return or exchange window that applies and whether the Product cannot be returned under clause 15.3, and any manufacturer or seller warranty. Where a listing and these Terms differ on the return or exchange window, the longer of the two applies.

Section 9

PRICING AND TAXES

9.1Prices are shown in Indian Rupees as a single total figure that includes all applicable taxes. Before you confirm your Order we show you the breakup of that total: the price of each Product, every compulsory and voluntary charge such as delivery, handling and conveyance, and the tax applied.

9.2Prices may change at any time before you place an Order. The price shown to you at checkout is the price for that Order. A later change to the listed price does not affect an Order you have already placed and paid for.

9.3Occasionally a Product may be listed at an incorrect price because of a technical or human error. Where the error is obvious and could reasonably have been recognised as a mispricing, the Order may be declined under clause 11.4 before it is dispatched, and we refund you in full. For a Product sold by a Merchant Partner we do this on that Merchant Partner's behalf. We will tell you before doing so, and you may choose to reorder at the correct price. Once an Order has been dispatched it is not affected by this clause.

Section 10

OFFERS, PROMOTIONS AND STORE CREDIT

10.1Offers, discount codes and promotions are subject to their own terms, may be limited in time or quantity, and may be withdrawn or amended at any time before you place an Order.

10.2Unless stated otherwise, promotions cannot be combined, apply to one Order per customer, and are not transferable or exchangeable for cash.

10.3There are two kinds of Store Credit and they are treated differently.

Promotional Store Credit is credit we give you as part of a promotion, a referral, or as a goodwill gesture. It has no cash value, cannot be transferred or withdrawn, may be used only on the Platform, and expires [AFTER HOW LONG?].

Refund Store Credit is credit issued to you in place of money you actually paid for an Order. It does not expire, and you may ask us at any time to pay it instead to your original payment method or to alternate details under clause 16.2. It cannot be transferred to another person.

10.4Where you return a Product bought using a promotion or Store Credit, we refund the amount you actually paid in money to the payment method you used. A promotional benefit applied to that Order is returned as promotional Store Credit. Store Credit applied to that Order is returned as the same kind of Store Credit you spent, so credit that came from a refund is returned as Refund Store Credit and does not expire.

10.5We may withdraw a promotion from you, cancel an Order, or recover a benefit already given, where a promotion is obtained through misuse, manipulation, or the use of multiple Accounts.

10.6Where you return part of an Order and the Products you keep no longer meet the minimum spend or other qualifying condition of a promotion applied to that Order, we recalculate the discount on the Products you keep and adjust your refund accordingly. We show you the adjusted refund before we process the return.

Section 11

ORDERS

11.1When you place an Order you make an offer to buy the Products in it. Where the seller of a Product is a Merchant Partner, that offer is made to that Merchant Partner, and your contract of sale is with that Merchant Partner as set out in clause 4.3. Everything these Terms describe us as doing for that Product, including accepting or declining the Order, cancelling it, approving a return or an exchange, and issuing a refund or Store Credit, we do as agent for and on behalf of that Merchant Partner. Where we are the seller from our own inventory under clause 4.5, we act in our own name. Sections 12 to 16 are read subject to this clause.

11.2Our acknowledgement that we have received your Order, including any automated confirmation message, is not acceptance.

11.3A contract with the seller is formed only when the Products are dispatched, or when we tell you expressly, on behalf of the seller, that the Order has been accepted, whichever happens first. Where an Order contains several Products, a contract is formed separately for each as it is dispatched, and where those Products come from different sellers you have a separate contract with each seller.

11.4An Order may be declined, in whole or in part, where the Product is unavailable, the price or description was incorrect, your details or delivery address cannot be verified, delivery to your location is not possible, or fraud or a breach of these Terms is reasonably suspected. For a Product sold by a Merchant Partner we exercise this right on that Merchant Partner's behalf. If an Order you have paid for is declined, we refund you in full, including any delivery charge, and clause 16.1 states when that refund is initiated.

11.5Where we reasonably suspect fraud or unauthorised use of a payment method, we may ask you, before dispatch, for limited information to confirm that the payment method and the delivery address are yours. We ask only for what is needed for that check, we tell you what we need and why, and we delete it once the check is complete, in line with our Privacy Policy. If you prefer not to give it, we cancel the Order and refund you in full.

Section 12

PAYMENT

12.1All Orders are prepaid. We do not offer cash on delivery.

12.2Payments are processed by third-party payment partners. We do not store your full card or bank credentials; those are handled by the payment partner under its own terms and applicable Reserve Bank of India requirements.

12.3If a payment fails, is reversed, or is charged back, we may cancel the Order or suspend fulfilment until the position is resolved.

12.4We are not responsible for a payment partner declining a transaction, or for charges applied by your bank or card issuer.

12.5For a Product sold by a Merchant Partner, we collect the price as that partner's authorised agent. Paying us discharges what you owe the Merchant Partner for that Product, and we pass the money on to the partner under our separate agreement with it.

Section 13

SHIPPING AND DELIVERY

13.1We deliver across India through third-party logistics partners, subject to serviceability at your PIN code.

13.2The delivery date shown on the Platform is an estimate. It may be affected by your location, weather, public holidays and other events outside our reasonable control described in Section 26. Product availability and courier operations may also affect when an Order arrives, but they do not remove the right you have under clause 13.6.

13.3Title and risk in a Product pass to you on delivery to the address on the Order, or to a person at that address who accepts the delivery. Where the seller is a Merchant Partner, title passes directly from that partner to you and at no point vests in us. Where we are the seller under clause 4.5, title passes from us to you.

13.4If delivery fails because nobody is available, access is refused, or the address or contact details are incorrect, delivery may be reattempted or the Order returned to the point it was dispatched from. Where an Order is returned undelivered, we refund the full amount paid, including any delivery charge, and for a Merchant Partner Product we do so on that partner's behalf.

13.5Please check your parcel on arrival. Tell us within [N] days of delivery if it arrives damaged, tampered with, or short of items, so that we can investigate with our courier while the evidence is still available. Telling us later than that does not by itself end your right to return the Product or to a refund under Section 15 or under the Consumer Protection Act, 2019. It only limits what we can recover from our courier.

13.6If a Product is delivered materially later than the delivery schedule shown to you when you placed the Order, you may cancel and be refunded in full, including any delivery charge, or return the Product and be refunded once it arrives. This does not apply where the delay was caused by an event outside our reasonable control under Section 26. This right is in addition to your rights under Section 15 and under the Consumer Protection Act, 2019.

Section 14

CANCELLATION

14.1You may withdraw an Order free of charge at any time before it is dispatched, from your Order details on the Platform. Because a contract is formed only on dispatch under clause 11.3, doing so withdraws your offer to buy rather than cancelling a contract.

14.2Once an Order has been dispatched it cannot be cancelled. You may instead refuse delivery, or return the Product under Section 15 if it is eligible.

14.3Where you cancel before dispatch, we refund the full amount paid, including any delivery charge. We do not charge you for cancelling. Where we or a seller cancel an Order, including under clauses 9.3, 11.4, 12.3 or 26.1, we likewise refund the full amount paid, including any delivery charge, and make no charge for the cancellation. Clause 16.1 states when these refunds are initiated.

Section 15

RETURNS AND EXCHANGES

15.1You may request a return or exchange within the window shown on the Product listing under clause 8.5. Unless that listing says otherwise, the window is 14 days of delivery, and for watches, sunglasses and fragrances it is 7 days of delivery.

15.2Except where the Product is defective, damaged on arrival, spurious, incomplete, is not the Product you ordered, or is not as described, a Product must be unworn and unwashed, in the condition in which you received it, and returned with all original packaging, brand tags and, where applicable, the Audacity security ribbon intact. Where a Product reached you without its packaging, brand tags or security ribbon, that is not treated as a failure of this clause provided you tell us on arrival under clause 13.5.

15.3The following cannot be returned or exchanged once the sealed packaging is opened, for hygiene and safety reasons:

  • Innerwear and socks
  • Perfumes and grooming products, where the seal is broken
  • Grooming accessories, for example razors, trimmers, combs, brushes and applicators, where the sealed packaging is opened

This clause does not apply where the Product is defective, damaged on arrival, spurious, incomplete, is not the Product you ordered, or is not as described. In those cases clause 15.6 applies and the return will be accepted.

15.4Returns are free. We arrange collection from your address at no cost to you.

15.5Returned Products are checked at the doorstep on collection, and again when they reach the warehouse operated by us or for us, as described in clause 4.7. Where a Product fails these checks, the return may be declined and the Product sent back to you. For a Product sold by a Merchant Partner we carry out these checks and take this decision on that Merchant Partner's behalf. We will tell you why, and you may contest the decision under clause 17.4.

15.6Where you report a Product as missing, empty, incorrect, damaged or not genuine, we may ask for photographs or video of the Product and its packaging before the return is approved, and we may compare these against the dispatch records held by us or, for a Merchant Partner Product, by that partner. For a Merchant Partner Product we carry out this check as the partner's agent.

15.7Where you request an exchange, it is subject to availability of the replacement. If the replacement is unavailable we will offer a refund instead. Where you receive a replacement Product, a fresh window under clause 15.1 runs from the date the replacement is delivered, and you may return or exchange the replacement within it. We allow up to [N] successive exchanges on the same Order line, and Section 17 continues to apply.

15.8Nothing in this section limits your rights under the Consumer Protection Act, 2019 in respect of a Product that is defective or not as described.

15.9Some Products come with a guarantee or warranty from the manufacturer or the brand. Where one is offered, it is given by the manufacturer or the Merchant Partner, not by us, and is claimed through them on the terms they publish. It runs separately from the return window in clause 15.1 and usually lasts longer. If you need help making such a claim, write to us at [SUPPORT EMAIL] and we will help you route it. This does not affect your rights under the Consumer Protection Act, 2019.

Section 16

REFUNDS

16.1Where a return is approved, we initiate your refund, on behalf of the seller, once the courier has collected the Product and completed the doorstep check, and in any event within [X HOURS] of that check. Once initiated, the money typically reaches your original payment method within [Y] business days. Where the courier is unable to collect the Product after [N] attempts, we will contact you to arrange collection again, and the times in this clause run from the completed collection.

16.2Refunds are made to the payment method you used for the Order. Where that method can no longer receive the refund, for example a closed or expired card, a deregistered UPI handle or a closed wallet, we will ask you for alternate bank account or UPI details, and the times in clause 16.1 then run from the date you give us those details. We will not give you Store Credit instead of a refund unless you choose it. The final step of crediting your account is carried out by your bank or payment provider, and the time it takes is outside our control, but this does not affect our commitment to initiate the refund within the time stated in clause 16.1.

16.3Because we initiate your refund at doorstep collection, before the Product reaches the warehouse, the warehouse check sometimes shows that the Product returned was worn, damaged, incomplete, not genuine, or not the Product we sent. Where that happens after a refund has been initiated, this clause applies.

We will tell you what the check found, and give you the photographs or other evidence we hold from collection and from the warehouse. You may contest the finding under clause 17.4, and we will not act on it until that review is complete.

If the finding stands, you may choose to have the Product sent back to you at no cost. Otherwise we may recover the amount refunded, and we will do so by set-off, which means deducting it from Store Credit you hold or from the amount payable on your next Order. We will not take the money from your card, bank account or other payment method without your agreement.

We will not seek recovery more than [N] days after the refund was initiated.

16.4Where you chose Store Credit instead of a refund, it is added to your Account and clause 10.3 applies.

16.5This Section is the single process for every refund due to you under these Terms, including refunds under clauses 11.4, 13.4, 13.6, 14.3, 15 and 26.1. Where a refund is due, we initiate it within [X HOURS] of the event that gives rise to it. For an approved return that event is the courier's collection and doorstep check. For a cancelled or declined Order it is the cancellation or decline. For an undelivered or lost Order it is the date we confirm that the Order will not be delivered.

Section 17

FAIR USAGE POLICY

17.1We offer free, easy returns because most customers use them as intended. To keep offering them, and to be fair to our Merchant Partners, we monitor patterns of use.

17.2We may limit or withdraw return privileges, decline Orders, withhold promotional benefits, or suspend an Account where we reasonably believe the Platform is being used unfairly. This includes, without limitation:

  • an unusually high rate or value of returns;
  • wardrobing, meaning using a Product and then returning it;
  • returning a Product that is not the one delivered, or is counterfeit, substituted or incomplete;
  • repeated claims that our records do not support;
  • use of multiple Accounts, or of another person's details, to obtain benefits or avoid limits;
  • placing Orders in quantities beyond what an individual would reasonably buy for personal use, which we may decline at the point of acceptance under clause 11.4.

17.3We assess fair usage on the whole picture, including Order and return history. We do not publish the specific thresholds we apply, as doing so would make them easy to work around.

17.4If we take action under this section we will tell you. You may contest it by contacting us at [SUPPORT EMAIL], and we will review the decision and respond.

Section 18

CONNECTED SERVICES

18.1The Platform offers an optional feature that works by connecting a third-party account you already hold. The only connected service we currently offer is your Google account. It is entirely optional, and you can use the Platform fully without it. If we add another connected service later, we will introduce it with its own explanation and its own consent, not under this clause.

18.2If you connect your Google account, we read the shopping-related emails in it so that we can build your purchase history and show it to you on the Platform. That purchase history is a feature you can open and use. To read those emails we use a third-party artificial intelligence provider, which processes the email content on our instructions to extract the purchase details. Where you have a purchase history on the Platform, it also informs the recommendations and size guidance we show you.

This is an ongoing connection, not a one-time read. Once you connect, our servers keep checking for new purchase emails until you disconnect. We ask Google for read-only access to your mail, which means we can read it but cannot send, delete or change anything in your mailbox. We read only messages that Gmail classifies as purchases, that come from retailers on a list we maintain, and that arrived in the last 180 days. Reading and processing happen on our servers rather than on your device. We do not keep the emails themselves. We keep the details we extract from them and an internal record of which messages we have already looked at, so that we do not read the same message twice.

What we access, what we keep, how it is processed, and how you withdraw access are described in our Privacy Policy.

18.3You can withdraw our access to your Google account at any time in your Google account settings. Once you do, we stop reading new emails and the access credentials we hold stop working. The purchase details we have already extracted stay on your Account so that your purchase history continues to work. If you want those details and our stored credentials deleted, write to us at [SUPPORT EMAIL] and we will remove them.

18.4The use of information received from Google Workspace scopes will adhere to the Google User Data Policy, including the Limited Use requirements.

18.5Connected accounts are provided by third parties under their own terms. We are not responsible if a third party changes, restricts or withdraws access to its service.

Section 19

YOUR CONTENT AND CONDUCT

19.1Where the Platform lets you submit content, including photographs, reviews, messages to support, or images uploaded for a feature, you must have the right to submit it, and it must not be unlawful, misleading, obscene, defamatory, infringing, or harmful to others.

19.2You keep ownership of what you submit. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify, adapt and create derivative works from it, to create the images, analyses and other outputs the feature produces, for example a styled or generated image or an analysis of a photograph you upload, to display it, and to sublicense these rights to the service providers who run those features for us, in each case only so far as needed to operate the Platform and provide the feature you used it for. We do not use content you submit to train or improve artificial intelligence models, whether our own or those of a service provider. We do use it, and information we derive from it, to personalise your experience, for example to improve the recommendations, sizing and styling we show you. Personalisation of this kind analyses your information to decide what to show you. It does not add your content to the training data of any model. We will not use your content in marketing without asking you first. This licence does not cover information we receive through a connected account under Section 18. What we may do with that information is fixed by Section 18, our Privacy Policy and the Google policies referred to in clause 18.4, and not by this licence. This licence ends when you delete the content or your Account, subject to the retention periods described in our Privacy Policy.

19.3We may remove content, or disable access to it, where it breaches these Terms or the law. Where we do, we will tell you what we removed and why, unless the law prevents us from telling you or doing so would prejudice an investigation. If you think we were wrong, write to us at [SUPPORT EMAIL] and we will review the decision and respond.

19.4You must not use the Platform to break the law, infringe anyone's rights, interfere with its operation or security, introduce malicious code, attempt unauthorised access, impersonate anyone or misrepresent who you are, or place fraudulent Orders.

19.5At least once a year, and whenever we change them, we will remind you of these Terms and our Privacy Policy, and of what happens if you do not comply with them, including that we may remove content, cancel Orders, or suspend or close your Account.

19.6You must not host, display, upload, modify, publish, transmit, store, update or share any information on the Platform that:

  • belongs to someone else and to which you do not have any right;
  • is obscene, pornographic, paedophilic, invasive of another person's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating to or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
  • is harmful to a child;
  • infringes any patent, trademark, copyright or other proprietary right;
  • deceives or misleads the recipient about the origin of a message, or knowingly and intentionally communicates any misinformation, or information which is patently false and untrue or misleading in nature;
  • impersonates another person;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States or public order, causes incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting to another nation;
  • contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  • is in the nature of an online game that is not a permissible online game, or advertises, promotes or acts as surrogate advertising for such a game or for an intermediary offering one;
  • is patently false and 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 injury to any person; or
  • violates any law for the time being in force.

This list reflects the due diligence that Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 requires us to bring to your attention. If you breach it we may remove the information, and clause 21.1 applies.

19.7Where we receive an order from a court of competent jurisdiction, or a notification from the appropriate Government or its authorised agency, requiring us to take down unlawful information, we will remove it or disable access to it as soon as we can, and in any event within 36 hours of receiving that order or notification.

Section 20

INTELLECTUAL PROPERTY

20.1The Platform and its content, including the HolyDrip, Drip and Drip Club names and logos, software, design, text, imagery and data, belong to us or our licensors and are protected by law.

20.2Brand names, logos and product imagery belonging to Merchant Partners or other third parties remain theirs. Where they appear on the Platform in connection with a Merchant Partner's Products, they are supplied to us by that Merchant Partner for the purpose of listing and selling those Products, and we use them for that purpose only. Where we sell a Product we have bought outright under clause 4.5, we use the brand's name and imagery only to identify genuine goods we have lawfully acquired and are reselling. We do not claim to be affiliated with, endorsed by, or authorised by any brand shown on the Platform unless we say so on the listing. If you own rights in a name, logo or image shown on the Platform, clause 20.4 sets out how to raise it with us.

20.3Nothing in these Terms transfers any intellectual property to you.

20.4If you believe a listing, an image or other content on the Platform infringes your intellectual property rights, write to our Grievance Officer at the email address in clause 29.2, copying [SUPPORT EMAIL]. So that we can act on your complaint, please tell us:

  • who you are, and an address, email and phone number we can reach you on;
  • the right you say has been infringed, and how you own it or are authorised to act for the owner, with the registration number where the right is registered;
  • exactly what you are complaining about, with a link, listing identifier or screenshot that lets us find it;
  • why you say it infringes; and
  • a statement that what you have told us is true to the best of your knowledge.

The Grievance Officer will acknowledge your complaint within 24 hours and dispose of it within 15 days of receipt, as set out in clause 29.3. We may ask you for more information, and we may pass your complaint and your contact details to the Merchant Partner or user who supplied the content so that they can answer it.

Section 21

SUSPENSION AND TERMINATION

21.1We may suspend or close your Account, cancel Orders, or withdraw access to features where you breach these Terms, where Section 17 applies, where we are required to by law, or where we reasonably believe it is necessary to protect the Platform, our Merchant Partners or other customers.

21.2Where practical we will tell you first. Where the matter is urgent, such as suspected fraud, we may act immediately and tell you afterwards.

21.3Suspension does not affect Orders already dispatched, or refunds already due to you. This does not apply where the Order, return or refund in question is itself part of the suspected fraud or breach that led to the suspension. In that case we may hold the refund while we look into it, we will tell you that we are holding it and why, and clause 16.3 continues to apply.

We will complete that review within [N] business days of telling you, and we will release the amount to you as soon as the review ends unless it establishes the fraud or breach. You may contest the decision under clause 17.4. Where we are holding a refund on a Product sold by a Merchant Partner, we do so as that partner's agent under clause 11.1.

21.4You may stop using the Platform and delete your Account at any time under clause 6.4.

21.5What continues to apply. If your Account is suspended, closed or deleted, or you stop using the Platform, or these Terms otherwise come to an end, the following continue to apply: clauses 10.3 to 10.5 (Store Credit and recovery of promotional benefits), 16.3 (recovery where a returned Product fails our warehouse check), Section 17 (fair usage and misuse), clause 19.2 (the licence you grant us in content you have submitted), Section 20 (intellectual property), Section 23 (disclaimers), Section 24 (liability), Section 25 (indemnity), Section 28 (privacy), Section 29 (grievance redressal), Section 30 (governing law and jurisdiction) and Section 31 (general), together with any other clause that by its nature is meant to continue.

21.6Rights already accrued. The end of these Terms, or the suspension, closure or deletion of your Account, does not affect any right or liability of either of us that has already accrued. Orders we have already accepted, returns and exchanges already requested, refunds already due to you, and Refund Store Credit representing money you paid remain payable to you, and amounts you already owe us remain payable to us.

Section 22

AVAILABILITY AND CHANGES

22.1We aim to keep the Platform available, but we do not guarantee uninterrupted access. It may be unavailable during maintenance, updates, or for reasons outside our control.

22.2We may add, change, restrict or withdraw features. Where we withdraw or materially restrict a feature you rely on, that does not affect an Order we have already accepted, a return or exchange you have already requested, a refund already due to you, or Refund Store Credit representing money you paid.

22.3We may update these Terms. Where a change is material, we will give you reasonable notice through the Platform or by contacting you. Changes apply from the date they take effect, and do not apply retrospectively to Orders already accepted. The current version and its effective date are shown at the top of these Terms, and we keep earlier versions and will provide the version that applied to a particular Order on request to [SUPPORT EMAIL]. Continuing to use the Platform after that date means you accept the updated Terms. If you do not accept a material change, you may stop using the Platform and close your Account under clause 6.4. Closing your Account for that reason does not affect Orders we have already accepted, returns, exchanges or refunds already due to you, or Refund Store Credit representing money you paid, and we will pay any Refund Store Credit you hold to your original payment method, or to alternate details under clause 16.2, if you ask us to.

Section 23

DISCLAIMERS

23.1Except for the commitments we make to you in Sections 15 and 16, being the return and exchange windows, free collection, and the point at which we initiate refunds, and except for the rights you have under law, the Platform is provided on an "as is" and "as available" basis.

23.2Recommendations, size guidance, styling suggestions, virtual try-on imagery, and product imagery that has been generated or enhanced by computer are provided to help you choose. They are produced automatically, are estimates or illustrations only, and we do not warrant that a Product will fit you or look as shown. Please check the written product details and specifications on the listing before you buy. Virtual try-on imagery is produced using our own model images, not photographs of you, unless a feature tells you otherwise at the point where you use it.

The same applies to any purchase history built from a connected account under Section 18. It is assembled automatically from the text of your emails, so an entry can be incomplete or wrong, for example a cancelled order shown as bought, or the wrong item, price or retailer. You can correct or remove an entry [FROM THE PURCHASE HISTORY SCREEN OR BY WRITING TO [SUPPORT EMAIL]], and we will act on your request.

23.3We do not exclude or limit anything that cannot be excluded or limited under Indian law, including your rights under the Consumer Protection Act, 2019.

23.4Where a Product is sold by a Merchant Partner, we are not responsible for that partner's acts or omissions, or for its breach of any condition, representation or warranty about a Product it sells. Four things limit that statement, and they prevail over it.

  • It does not affect the commitments we make to you in clause 4.6 and in Sections 15, 16 and 29, which we perform as the Merchant Partner's agent under clause 4.7.
  • It does not affect the duties the Consumer Protection (E-Commerce) Rules, 2020 place on us as a marketplace e-commerce entity, or any other liability the law places on us, including under the Consumer Protection Act, 2019.
  • It does not apply where we are the seller from our own inventory under clause 4.5.
  • It does not apply to the extent the loss was caused by our own breach or negligence, including in how we selected, instructed or supervised the Merchant Partner.

Section 24

LIABILITY

24.1Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law.

24.2Subject to clause 24.1, and to the maximum extent permitted by law, we are not liable for loss that is indirect or consequential. Loss of profit, loss of opportunity, loss of goodwill, and loss or corruption of data are excluded only where they are indirect or consequential in that sense.

This clause does not exclude or limit our liability for loss caused by our failure to keep your personal data secure. How we hold and protect your personal data, including images, body measurements and information from a connected account under Section 18, is described in our Privacy Policy, and our obligations under the Digital Personal Data Protection Act, 2023 are not affected by these Terms.

24.3Subject to clause 24.1, and to the maximum extent permitted by law, our total liability in connection with an Order is limited to the greater of the amount you paid for that Order and [INR ORDER CAP FLOOR]. Where a Product was sold by a Merchant Partner, this does not affect any claim you may have against that partner as seller.

This limit does not apply to:

  • a claim for harm caused by a defective Product under Chapter VI of the Consumer Protection Act, 2019, or any other liability the law does not permit us to limit;
  • a Product we sell from our own inventory under clause 4.5, where we carry a seller's responsibilities for that Product.

Each part of this clause operates separately. If any part is held to be unenforceable, the remaining parts continue to apply.

24.4Subject to clause 24.1, and to the maximum extent permitted by law, our total liability for all claims that are not connected with a particular Order is limited in aggregate to [INR AGGREGATE CAP AMOUNT]. This covers, for example, claims about your Account, your content under Section 19, a connected service under Section 18, or suspension under Section 21. The Platform is free to use, so this limit is a stated amount rather than a share of anything you have paid us. It is separate from the limit in clause 24.3 and does not increase it. If this clause is held to be unenforceable, clause 24.3 continues to apply on its own.

Section 25

INDEMNITY

25.1You agree to indemnify us against losses, claims and reasonable costs arising from your breach of these Terms, your misuse of the Platform, your infringement of another person's rights, or content you submit. This does not apply to anything caused by our own breach or negligence.

Section 26

FORCE MAJEURE

26.1We are not liable for failure or delay caused by events outside our reasonable control, including natural events, epidemic, fire, flood, war, civil unrest, strikes, failure of utilities, internet or telecommunications, and government action. A widespread failure of logistics, payment or telecommunications infrastructure that affects the industry generally is such an event.

The ordinary failure of a logistics, payment or technology provider we have engaged is not. We choose, instruct and pay those providers, so we remain responsible to you for what they do on our behalf, including delivery, collection of returns and payment processing, on the terms of these Terms.

26.2If an event within clause 26.1 affects your Order, we will tell you, take reasonable steps to reduce its effect, and resume as soon as we can. Where the event prevents us fulfilling an Order, or continues for more than [N] days, the Order is cancelled and we refund you in full, including any delivery charge, through the process in Section 16.

Section 27

COMMUNICATIONS

27.1You agree that we may contact you electronically, by SMS, WhatsApp, email, or in-app notification, about your Account, Orders, deliveries, returns and refunds. These are service messages and you cannot opt out of them while you hold an Account.

27.2We send marketing messages only where you have consented, and you can withdraw that consent at any time without affecting service messages.

Section 28

PRIVACY

28.1How we collect and use your personal data is described in our Privacy Policy, which forms part of these Terms.

Section 29

GRIEVANCE REDRESSAL

29.1For any complaint about the Platform, an Order, or these Terms, please contact us first at [SUPPORT EMAIL]. We aim to respond within 48 hours. When we acknowledge your complaint we give you a ticket number, which you can use to track its status.

29.2If your complaint is not resolved, you may escalate it to our Grievance Officer, appointed under the Consumer Protection (E-Commerce) Rules, 2020:

Name
[GRIEVANCE OFFICER NAME]
Designation
[DESIGNATION]
Email
[GRIEVANCE EMAIL]
Phone
[PHONE]
Address
Second Floor, 235, Firegro Stay Safe Client Care Division, Indiranagar Double Road, Indiranagar, Bengaluru, Karnataka 560038
Hours
[e.g. Monday to Friday, 10:00 to 18:00 IST]

We have also appointed a nodal contact person, resident in India, under the Consumer Protection (E-Commerce) Rules, 2020:

Name
[NODAL CONTACT NAME]
Designation
[NODAL DESIGNATION]
Email
[NODAL EMAIL]
Phone
[NODAL 24x7 PHONE]

29.3The Grievance Officer will acknowledge your complaint within 48 hours and seek to resolve it within one month of receipt. Where your complaint concerns information published on the Platform, the Grievance Officer acts under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and will acknowledge your complaint within 24 hours. Where you ask us to remove or disable access to information of a kind that Section 19 or the law prohibits, we will act as quickly as we can and in any event within 72 hours of receiving your complaint. Any other complaint under those Rules is disposed of within 15 days of receipt.

29.4Where a Product was sold by a Merchant Partner, you may also contact that partner's own grievance officer. Those details are shown on the Product listing.

29.5Images of you. If you tell us that content on the Platform shows you, or a person on whose behalf you are complaining, in a state of nudity, exposes private areas of the body, depicts a sexual act, or is an impersonation, including a photograph that has been morphed or artificially generated, we will take all reasonable and practicable measures to remove it or disable access to it within 24 hours of receiving your complaint. Send complaints of this kind to the Grievance Officer at the contact details in clause 29.2.

Section 30

GOVERNING LAW AND JURISDICTION

30.1These Terms are governed by the laws of India.

30.2The courts at Bengaluru, Karnataka have exclusive jurisdiction over disputes arising from these Terms, without affecting any right you have under the Consumer Protection Act, 2019 to approach a consumer commission at the place where you reside or personally work for gain, or as otherwise permitted by that Act. Where a Product was sold by a Merchant Partner, this clause does not govern any claim you bring against that partner as seller. That partner's own terms and its grievance contact are shown on the Product listing.

Section 31

GENERAL

31.1Severability. If any provision, or part of a provision, is held to be invalid or unenforceable, it will be treated as modified to the minimum extent necessary to make it valid and enforceable. If it cannot be so modified, it will be severed, and the remaining provisions continue in full effect.

31.2Waiver. If we do not enforce a right, we do not waive it.

31.3Assignment. You may not transfer your rights or obligations under these Terms. We may transfer ours, both our rights and our obligations, to a group company or in connection with a reorganisation or sale of the business, on notice to you through the Platform. We will do so only where your rights under these Terms are not reduced, and any rights that have already accrued to you, including refunds due to you and Store Credit, are preserved and remain enforceable against the person taking the transfer. How your personal data is handled if the business is transferred is described in our Privacy Policy.

31.4Entire agreement. These Terms, the Privacy Policy, any feature-specific terms, the Product listing that applies to each Order including its description, specifications and images, the terms of any promotion applied to that Order under clause 10.1, and your Order confirmation are the whole agreement between us about the Platform and about that Order. Nothing in this clause limits any liability for a statement made fraudulently, or any right you have under the Consumer Protection Act, 2019. For a Product sold by a Merchant Partner, these Terms, together with the Product listing and your Order confirmation, are also the terms of your contract of sale with that partner, which we conclude as its agent under clause 4.7.

31.5No third-party rights. No one other than you and us may enforce these Terms, except that a Merchant Partner may enforce clauses 4.3, 4.7, 17.1, 17.2 and 21.1, which operate for its benefit, and Apple Inc. and its subsidiaries may enforce Section 32, as clause 32.9 provides.

Section 32

IF YOU USE OUR IOS APP

32.1This Section applies only where you downloaded the Drip Club app from the Apple App Store. It sits alongside the rest of these Terms. If anything in this Section conflicts with another clause, this Section applies to your use of the iOS app.

32.2Who your agreement is with. These Terms are between you and Audacity Club Private Limited only, and not with Apple. We, not Apple, are responsible for the app and its content.

32.3Your licence. Your licence to use the app is a non-transferable licence to use it on any Apple-branded product that you own or control, as permitted by the App Store Terms of Service, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.

32.4Support. We are solely responsible for providing support for the app. Apple has no obligation to provide any maintenance or support services for it. You can reach us at [SUPPORT EMAIL].

32.5Warranty. We are solely responsible for any warranty for the app, whether express or implied by law, to the extent it is not effectively disclaimed. If the app fails to conform to any applicable warranty, you may tell Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the app. This does not affect your rights against us, or any right you have under the Consumer Protection Act, 2019.

32.6Claims about the app. We, not Apple, are responsible for addressing any claim you or a third party makes about the app or your use of it, including a product liability claim, a claim that the app fails to conform to a legal or regulatory requirement, and a claim under consumer protection or privacy law.

32.7Intellectual property claims. If a third party claims that the app or your use of it infringes that party's intellectual property, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.

32.8Legal eligibility. By using the app you confirm that you are not located in a country subject to a United States Government embargo, or designated by the United States Government as a terrorist supporting country, and that you are not on any United States Government list of prohibited or restricted parties. You must also comply with any third-party terms that apply when you use the app, such as your mobile network's terms.

32.9Apple's rights. Apple Inc. and its subsidiaries are third-party beneficiaries of this Section, and on your acceptance of these Terms Apple has the right, and is deemed to have accepted the right, to enforce this Section against you.

32.10Our details. Audacity Club Private Limited, Second Floor, 235, Firegro Stay Safe Client Care Division, Indiranagar Double Road, Indiranagar, Bengaluru, Karnataka 560038, India. Questions about the app should go to [SUPPORT EMAIL].