Policy

Welcome to EVOLUTIONCIRCLES.com, the website and online service of Evolution Circles (“EVOLUTION CIRCLES,” “WE,” or “US”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with EVOLUTION CIRCLES (collectively the “Service”). By accessing or using the Service, you agree that you have read, understood, and agree to be bound by these Terms of Use (the “Agreement”), whether or not you are a registered user of our Service.

USE OF OUR SERVICE

You may use the Service only if you can form a binding contract with EVOLUTION CIRCLES, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at vaibhav@evolutioncircles.com. The Service is not available to any Users previously removed from the Service by EVOLUTION CIRCLES. EVOLUTION CIRCLES reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

EVOLUTION CIRCLES ACCOUNT

You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the EVOLUTION CIRCLES servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, EVOLUTION CIRCLES grants the operators of public search engines revocable permission to use spiders to copy materials from EVOLUTION CIRCLES 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); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.

We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to EVOLUTION CIRCLES, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

COPYRIGHT AND INTELLECTUAL PROPERTY

All third party designs featured on EVOLUTION CIRCLES are copyright and intellectual property of their respective designers and cannot be reproduced or transmitted in any form without the prior written permission of the designers.

You acknowledge and agree that EVOLUTION CIRCLES (or respective holders) owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the offering may contain information which is designated confidential by EVOLUTION CIRCLES and that you shall not disclose such information without EVOLUTION CIRCLES’s prior written consent.

Unless EVOLUTION CIRCLES has otherwise agreed in writing, nothing in the terms gives you a right to use any of EVOLUTION CIRCLES’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

EVOLUTION CIRCLES SERVICE

We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. EVOLUTION CIRCLES does not warrant that the Mobile Software will be compatible with your mobile device. EVOLUTION CIRCLES hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one EVOLUTION CIRCLES account on one mobile device owned or leased solely by you, for your personal, non-commercial use.

You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software.

You acknowledge that EVOLUTION CIRCLES may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and EVOLUTION CIRCLES or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all laws related to use of the Mobile Software and the EVOLUTION CIRCLES Service.

OUR PROPRIETARY RIGHTS

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place EVOLUTION CIRCLES under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, EVOLUTION CIRCLES does not waive any rights to use similar or related ideas previously known to EVOLUTION CIRCLES, or developed by its employees, or obtained from sources other than you.

EVOLUTION CIRCLES may provide EVOLUTION CIRCLES members referral credits when members invite their friends to join EVOLUTION CIRCLES (“Referral Credits”). Referral Credits may be awarded to the referrer when her friends join, as well as when her friends make their first purchases.

BILLING POLICIES

If you purchase an item through the Service, your purchase will be delivered to you according to our Shipping Policies, and, if applicable, returns will be handled in accordance with our Return Policy, all of which are incorporated herein by this reference.

REFUNDS

Refunds for returned purchases will be handled in accordance with our Return Policy.

PRIVACY

EVOLUTION CIRCLES cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by EVOLUTION CIRCLES. EVOLUTION CIRCLES does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, such as through Facebook Connect, you do so at your own risk, and you understand that this Agreement and EVOLUTION CIRCLES’s Privacy Policy do not apply to your use of such sites. You expressly relieve EVOLUTION CIRCLES from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that EVOLUTION CIRCLES shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

You agree to defend, indemnify and hold harmless EVOLUTION CIRCLES and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your username, password or other appropriate security code.

THE SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE SERVICE (“PRODUCT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EVOLUTION CIRCLES, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVOLUTION CIRCLES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY PRODUCT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

The Service is controlled and operated from its facilities in India. EVOLUTION CIRCLES makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by India or that has been designated by the Indian government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the Indian government or otherwise listed on any Indian government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the India.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EVOLUTION CIRCLES without restriction.

GOVERNING LAW & JURISDICTION

This Agreement is governed by and shall be construed in accordance with the laws of India.

All disputes arising out of or in connection with this Agreement will be under exclusive jurisdiction of the Courts of Chandigarh.

NOTIFICATIONS

EVOLUTION CIRCLES may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by EVOLUTION CIRCLES in our sole discretion. EVOLUTION CIRCLES reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement and our Privacy Policy. EVOLUTION CIRCLES is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add vaibhav@evolutioncircles.com to your email address book to help ensure you receive email notifications from us.

GENERAL TERMS

This Agreement, together with any amendments and any additional agreements you may enter into with EVOLUTION CIRCLES in connection with the Service, shall constitute the entire agreement between you and EVOLUTION CIRCLES concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and EVOLUTION CIRCLES’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Shipping Policy

At EVOLUTION CIRCLES, we take great care in delivering your products to you, and we partner only with reputed national couriers. Shipping within India is FREE for all orders unless otherwise mentioned.

We try our best to ship goods to you as soon as possible. On an average, it takes us about 4-5 business days to ship goods out of our warehouse.

Our courier partners will be able to deliver the shipment to you between Monday through Saturday: 9 am to 7 pm. Working days exclude public holidays and Sundays. Delivery time is subject to factors beyond our control including unexpected travel delays from our courier partners and transporters due to weather conditions and strikes.

As soon as your package ships, we will email you your package tracking information.

Cancellations

We will be able to accept order change or cancellation requests any time before we ship your order. Unfortunately, we cannot cancel orders once the shipment is out of our warehouse for delivery.