EFFECTIVE DATE: 01-04-2025
UNDERSTANDING YOUR RIGHTS, DUTIES AND RESPONSIBILITIES AS A USER OF THIS WEBSITE
The Website, Scalular.com (hereinafter referred to as the “Platform”) is owned and managed by Trendz Global Sourrcing (hereinafter also referred to as the “Company,” “We,” “Us,” “Scalular,” or “Our”) which is engaged in bridging buyers with vetted manufacturers (factories) for apparel production. This user agreement (hereinafter referred to as the “Terms,” “T&C,” or “Agreement”) is between you (hereinafter also referred to as “You,” “Your,” “User,” “Registered User,” “Buyer,” “Manufacturer,” “Customer,” or “Factory”) and Scalular. This document is a computer-generated electronic record that does not require any physical or digital signatures in consonance with the Information Technology Act, 2000 (IT Act, 2000) and other provisions relating to electronic records in other statutes as amended by the IT Act, 2000.
By accessing or using our Platform, including but not limited to availing our services for desired products, registering an account, sending messages, exchange of correspondence (hereinafter referred to as “Services”), you signify your assent to use our Platform and hereby acknowledge and affirm that:
- You have read, comprehended, and agreed to be bound by these terms as well as any updates and amendments that may be made in the future and posted at Scalular.com.
- You are at least 18 years old and of legal age in the jurisdiction where you live and have the authority and power to sign the Agreement on behalf of any business, organization, or other legal body you designate during the account registration process or in the purchase order, if applicable, and to obligate that business, organization, or entity to these Terms.
- You will furnish only accurate and true information, including but not limited to personal information, purchase order information or any other additional information that is mandated or requested from you for availing our services.
PLEASE READ THESE T&Cs CAREFULLY AND THOROUGHLY AS THEY CONTAIN SIGNIFICANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU MAY BE REFUSED ACCESS TO THIS PLATFORM WITH OR WITHOUT PRIOR INTIMATION IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OR THEIR STANDARDS AS SPECIFIED
- DEFINITIONS
For the purposes of this Agreement, the following words are to be interpreted in the below-mentioned understandings:
CONTENT refers to any information, data, interactions, designs, patterns, software, images, videos, graphics, audio, video and other materials and services that users can see on our platform;
ELECTRONIC RECORDS relates to data that is accessible through a variety of electronic devices and is kept in digital format, including documents, photos, emails, databases, and other sorts of data;
INTELLECTUAL PROPERTY RIGHTS denotes any and all global intellectual property rights, whether or whether they are registered, including but not limited to the following: (i) copyrights, including moral rights, registrations, and applications for registration of them; (ii) patents, patent applications, and all related extensions, design patents, applications and registrations thereof, certificates of inventions; and (iv) trademarks, trademark applications, company names, domain names, trade secrets, and service marks;
ORDER FORM, a legal record and contract between the buyer and the manufacturer that summarizes a customer’s request for goods or services;
PURCHASE ORDER refers to an official, legally binding agreement that outlines the goods or services that a buyer plans to acquire, together with the quantities, costs, and other important details.
TECH PACKS, a thorough document that covers every technical element of a product, such as a garment, making sure the manufacturer is aware of the design and specifications so they may manufacture it correctly;
USER is an individual or legal entity to which Scalular has granted access or who uses this platform;
GENERAL BINDING TERMS
You recognize and agree, by accepting these Terms, that all material on this platform is the exclusive property of Scalular and is protected by copyrights, trademarks and other intellectual rights and applicable laws. You are solely liable for obtaining authorization before reusing any copyrighted material that is accessible through this platform. You are also not permitted to replicate, reproduce, alter, publish, share, upload, or distribute any material or data from this Platform in any form or by any means without prior written authorization from us. Unauthorized use of the content on this website might lead to criminal or civil penalties and infringe copyright, trademark, and other relevant laws;
You may be required to accept additional terms and conditions or sign separate contracts with us, relevant factories, suppliers, or other website users in order to utilize certain specific Scalular services. You warrant and represent that you are allowed to use the platform or avail of the services on behalf of a business, organization, administration, or other legal entity if you accept these Terms. Except in accordance with these Terms and all relevant applicable local, national, and international laws, rules, and regulations, you may access and utilize the platform, please do not use any of Scalular’s services or visit the website if you disagree with any of these terms.
- INTELLECTUAL PROPERTY RIGHTS
No intellectual property owned by Scalular or a third party is transferred to you by this Agreement. Scalular will retain all rights, title, and interest in and to such property. Your use of this platform grants you no right or license to otherwise use or reproduce any of Scalular’s or other third-party’s intellectual property rights;
The designs, patterns, branding elements or any other protected intellectual property rights shared and disclosed by you to us through tech packs or by any other means for using the services of Scalular are your own property. Scalular shall not infringe such rights as the relevant ownership is retained by you.
- PRIVACY AND CONFIDENTIALITY STATEMENT
Certain personally identifiable information (referred to as “Personal Information”) may be transmitted to Scalular because of your use of the platform and its services. Scalular’s Privacy Policy, which can be found at…………………, outlines the company’s policies regarding the collection and usage of personal information and other identifiers. This privacy policy also governs the extent of information and data that is retrieved from a user for accessing the platform’s services, please read this policy carefully before sharing your information with us.
- OBLIGATIONS AND LIABILITIES OF THE BUYER
Buyer shall be mandated to provide precise and accurate specifications about product(s), including but not limited to tech packs, material requirements, and desired timelines among other things, as this is pertinent and essential to avoid potential complications at a later stage;
Buyers shall be bound to inform Scalular of testing, compliance, or any additional costs to the garments prior to the freezing and finalization of the cost as this allows the factories to quote their exact pricing, without any potential discrepancies;
Buyers may specify certain inspection styles or mechanisms, or assist the factory in undergoing brand audits if the selection of the factory and relevant quotation is confirmed and locked with Scalular;
Buyers shall be strictly restricted from directly engaging with the factories (manufacturers) that were contracted or discovered through Scalular without written permission from us, failure to abide by this may result in potential monetary penalties, deletion of the registered account and legal actions against such conducts;
Buyers shall, at any time, provide any additional information as requested by Scalular to better assist and smoothen the process of purchase order execution, and delivery of the goods, among other things;
- OBLIGATIONS AND LIABILITIES OF THE MANUFACTURER (FACTORY)
Manufacturers shall submit true and accurate information about their respective factory or enterprise to Scalular, including but not limited to compliance certifications, past work samples, and exact pricing details of the products, among other things, failure to adhere to such obligations shall result in delisting of such factory or enterprise without prior notice;
Manufactures shall be duty bound to abide by the agreed timelines of production and delivery for order execution, quality assurances and standards, among other things and rectify any defects or specific non-compliances at their own expense;
Scalular reserves the right to conduct routine quality checks with the help of our own quality control team or any other third-party inspectors, pursuant to such inspections, if Scalular is of the opinion that the specific factory is not in consonance with the industrial standards, it shall delist such factory from the platform. The decision of Scalular is final in such aspects;
Manufacturers shall be strictly restricted from approaching or working with the buyer or customer directly, who was introduced through Scalular, for a period of 6 months after the last purchase is shipped, without prior written permission from Scalular. Any such violation will result in monetary penalties, delisting from the platform and potential legal action against such practices;
- SAMPLING TERMS
A Sampling of the product shall only be available for an order with an MOQ of 500 pieces or above. If any order is cancelled after the sampling product is completed but prior to the final production, such costs of sampling (including production and shipping charges) will be deducted from the advance amount, and the balance amount shall be refunded.
- COMPLEX PRINT OR DESIGN FEASIBILITY AND DESIGN CHANGES
If the print, colour, or logo uploaded through tech packs or any other means is deemed to be complex or not feasible to execute within the initially agreed price quote (based on 60% advance), there may be, an upcharge which shall be applicable and due to proceed with the production. An entire refund (of the advance amount) may be requested if you are not satisfied with the appropriate surcharge pursuant to such design feasibility;
If you request any change(s) to the design, artwork, colours, or specifications, after the invoice or purchase order has been finalized and confirmed, additional charges may be applied based on the nature and extent of such change. Scalular strongly discourages such design alteration(s) after finalization, as it may affect the production of the product(s) and incur additional costs.
- FEES, PAYMENTS, AND COMMISSIONS
Any of the existing payment methods that are authorised and approved by Scalular (such as legitimate credit/debit cards, or invoices) may be used to make payments. You guarantee, represent, and agree that all the information you give us to use our services is accurate and legitimate;
Scalular charges a commission between 3% to 7%, based on the order volume, such charges are to be mandatorily paid to us if an order is placed and agreed upon. The invoices raised and claimed by Scalular shall be honoured within 3-4 days (from the receipt of such invoices), failure to do the same shall result in additional penalties and surcharges;
Scalular reserves the right to withhold payments in instances where there may be a dispute, discrepancy or contradiction from the agreed contractual terms or standard practices until such scenarios are resolved;
Manufacturers (factories) shall receive payments directly from the buyers (customers) pursuant to the agreed contractual obligations and related payment terms among themselves.
- LIMITATION OF LIABILITY IN DISPUTES BETWEEN USERS
Scalular shall reserve the right to exercise its discretion and authority to assist in the dispute resolution process, in the event of disagreements or disputes among the users or parties. Scalular’s involvement in the dispute is merely limited to providing assistance to facilitate and resolve the dispute amicably, if possible;
Scalular and its directors, employees, and members, among others, shall not be liable for any direct, indirect, special, exemplary, or incidental damages, among any other damages, including but not limited to loss of profit, penalties etc., resulting from Scalular’s involvement in the dispute resolution process;
Scalular may request and demand supporting documents and evidence relating to the claims raised in the dispute if it has been decided to assist in the dispute resolution process;
- TERM AND TERMINATION
These terms take effect on the day you sign an order form or create a customer account, whichever comes first, the validity of these terms is till the termination is effected. Unless otherwise specified in the order form, any party may end these Terms and close your customer account(s) at any time by giving the other party a written notice.
The following sections shall survive termination: INTELLECTUAL PROPERTY RIGHTS, TERM AND TERMINATION, REPRESENTATIONS AND WARRANTIES, INDEMNIFICATION, SEVERABILITY AND WAIVER, APPLICABLE JURISDICTION AND GOVERNING LAWS, LIMITATION OF LIABILITY IN DISPUTES BETWEEN USERS, ENTRIE AGREEMENT.
- REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
The Scalular’s Privacy Policy, these terms, and all applicable laws and regulations, including but not limited to, local laws and regulations in your city, country, or other allied area, concerning appropriate material and electronic conduct, as well as all applicable laws regarding the dissemination of technical data exported from the country in which you reside, will all be strictly followed when you access the platform and;
No third party’s intellectual property rights will be violated or improperly used by you when using this platform.
- INDEMNIFICATION
You consent to defend, indemnify and hold harmless Scalular, its members, employees, and directors, among other people from and against all claims, actions, or demands, including but not limited to reasonable legal and accounting fees, that arise or result from: (i) your violation of these Terms; (ii) your use, access, or misuse of the platform or Scalular’s services; or (iii) your infringement of any third-party right, including but not limited to any intellectual property or privacy rights.
- SEVERABILITY AND WAIVER
Our platform, policies, service terms, and T&Cs are subject to change at any moment. Any one of these terms will be considered severable and will not impact the validity and enforceability of any other terms if it is found to be invalid, void, or unenforceable for any reason. If Scalular fails to enforce any of the terms or conditions of this agreement at any point in time, it does not imply that Scalular has waived those terms or conditions or the right to enforce all the terms and conditions of this agreement at a later date.
- APPLICABLE AND GOVERNING LAW AND JURISDICTION
The laws of India shall apply and be interpreted in relation to these terms or the documents of third-party payment mechanisms and you submit to the exclusive jurisdiction of India. According to the Information Technology Act of 2000 and the updated provisions on electronic records in other statutes that were modified and amended by the IT Act, of 2000, this document qualifies as an electronic record.
- ENTIRE AGREEMENT
These terms, together with any legal notices and disclaimers, if applicable, found on this platform, represent the whole agreement between Scalular and you about your use of this platform and take precedence over any previous understandings or agreements pertaining to it.
- CHANGES, UPDATES AND AMENDMENTS
Scalular reserves the right to change or alter any portion of this agreement in its sole discretion, it is your duty to review this agreement regularly for any modifications. Acceptance of any modifications to this Agreement is shown by your continuing use of or access to the platform after such changes are posted. Additionally, Scalular may provide additional services or facilities through the platform in the future, such as the introduction of new tools and resources. The terms of this agreement will apply to such additional features and services.
- CONTACT INFORMATION
For any support regarding refunds or cancellations, feel free to contact us:
Email: contactus@scalular.com
Phone: +91 8920029744
