1.1 This Terms of Use is an electronic record and does not require any physical, electronic or digital signature.
1.2 This Terms of Use located at the website [https://evokelondon.com/] (“Platform”) will be applicable to all the guest users or registered users of the Platform (shall hereinafter be referred to as "you" or "your" or "yourself" or the "User"). The Platform is owned and operated by Art Enterprises Limited under the brand name “Evoke London” (shall hereinafter be referred to as “Evoke London” or "we" or "us" or the "Company").
1.3 The Terms of Use provides the terms and conditions on which Evoke London offers you the access to the Platform for use, and facilitate purchase of any products and any other incidental and ancillary services (“Products”).
1.4 The Terms of Use, the Privacy Policy, returns policies and any other applicable polices (the “Policies”), as updated from time to time on the Platform, govern your access and use of our Platform and the Products. This Terms of Use and the Policies are intended to govern the relationship and any transactions between the users and Evoke London for the access or use of the Platform.
1.5 Please read the terms and conditions of the Terms of Use fully before using or registering on the Platform or accessing any material, information or availing any Products through the Platform. By accessing or using our Platform, you agree that you have read, understood, and agree to be bound by the Terms of Use.
1.6 If you do not agree with the Terms of Use or any other Policies, please do not use the Platform. Evoke London reserves the right to change the terms and conditions of this Terms of Use or other Policies from time to time. The users agree that the amended terms and conditions of this Terms of Use shall be effective and binding on the on the date the amended terms and conditions are posted on the Platform.
1.6 If you do not agree with the Terms of Use or any other Policies, please do not use the Platform. Evoke London reserves the right to change the terms and conditions of this Terms of Use or other Policies from time to time. The users agree that the amended terms and conditions of this Terms of Use shall be effective and binding on the on the date the amended terms and conditions are posted on the Platform.
2.1 If any login is required, it is your responsibility to ensure that the details provided by you are accurate and treat such information as confidential. Based on the information provided by you to us, you may be provided with a login identification (such as a username and password, or a guest identification or any other identifier). You are solely responsible for all activities that occur under your login identification and must notify us immediately of any unauthorized use or other security breach relating to your login identification.
2.2We reserve the right to block, disable or delete any login identification, at any time, if in our opinion, you have failed to comply with any of the provisions of the Terms of Use or any other Policies, or if any details you provide for the purposes of registering as a user of the Services prove to be false or a misrepresentation.
2.3 You consent to any collection, use or disclosure of personal information or personally identifiable data required to provide you with access to the Platform, as per the Privacy Policy.
2.4The operation of our Platform includes periodic delivery to you of offers, coupons or other information that may be of interest to you based on your stated preferences or your location.
3.1 All Products sold by Evoke London are new in condition (unless specified otherwise).
3.2 The procurement of the Products from the Platform are subject to Evoke London’s fees and returns policies available on the Platform.
3.3 All the payments will require to be prepaid by the users for the purchase of any Products. Currently, online ordering is not available, and placing of orders for any Products will have to be done through the phone or email at the contact details provided on the Platform.
4.1 We do not guarantee, represent or warrant in any manner that your use of our Platform will be uninterrupted, timely, secure or error-free.
4.2 We do not warrant in any manner that the results that may be obtained from the use of the Platform will be accurate or reliable or effective in nature. You understand and accept that the reliance on the Platform is solely at your own judgment and risk. Our liability is limited to refund of the Product charges, subject to Evoke London’s fees and returns policy.
4.3 You agree that, from time to time, we may suspend, modify, restrict or remove any Products from the Platform for uncertain or indefinite periods of time or change the nature of access to the Platform, without notice to you.
4.4You expressly agree that your use of, or inability to use, the Platform are at your sole risk. The facilities available through the Platform (except as expressly stated by us) are provided on an 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of the Products, fitness for a particular purpose, durability and non-infringement.
4.5 You acknowledge that any third-party links on our Platform or Services may direct you to third-party sites or pages or applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites or pages or applications, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or pages or applications, or for any other data, information, products or services of any third-parties.
4.6 We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Platform is entirely at your own risk and discretion; and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
5.1 All the copyrights, trademarks, brand names, logos and other intellectual property on the Platform are the exclusive property of Evoke London, and will not in any circumstances be used, or copied, or altered in any manner without being specifically authorized in writing by Evoke London.
5.2 In particular, the users agree and acknowledge that Evoke London has customized content and customized write-up with respect to the Products available on the Platform and other related information. Evoke London states that these contents and the write-up are proprietary to, and the exclusive property of Evoke London, and Evoke London has the copyright and all other rights with respect thereto. The users shall not copy, use or appropriate the content or the content write-up in any manner, without being specifically authorized in writing by Evoke London.
5.3 Evoke London also has customized products and products which are designed specifically by Evoke London. Evoke London asserts that it has all ownership and licensing rights over such designs, and no person shall use or modify any designs of Evoke London, without being specifically authorized in writing by Evoke London.
5.4 The word “Evoke London” is our brand name, and we have full right to use the said brand name in the manner we deem fit. Further, Evoke London has the right to use the names of the brands with respect to the Products being sold on the Platform.
6.1 If any term, provision, covenant or condition of this Terms of Use is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Terms of Use had been executed with the invalid portion eliminated.
6.2 The user acknowledges and represents that he or she has not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Terms of Use and other Policies.
7.1 The rights granted to the user under this Terms of Use are not assignable or transferable, in whole or part, and is personal to the user. Evoke London reserves the right and can at its absolute discretion assign the rights and obligations under this Terms of Use (or any part thereof) to an affiliate or to another entity in connection with a corporate transaction, assignment process, any other commercial arrangement or otherwise.
8.1 You agree that Evoke London may, in its sole discretion and without prior notice, terminate your access to the Platform and block your future access to the Platform if Evoke London determines that you have violated the terms and conditions of this Terms of Use or any other Policies of the Platform. These remedies are in addition to any other remedies which Evoke London may have at law or in equity.
8.2 In addition to Clause 8.1 above, Evoke London may, at any time, with or without notice, terminate these terms of the Terms of Use with you if:
8.3 You agree and acknowledge that any termination shall be made at Evoke London's sole discretion and that Evoke London shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the Platform.
9.1 If performance of any facility or obligation under the terms and conditions of this Terms of Use or any other provisions of the Policies, or other third parties in fulfilment of transaction (for e.g. deliveries, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of acts of God, labour disputes, strikes, floods, lightning, severe weather, pandemic, epidemic, shortages of materials, utility or communication failures, earthquakes, war, acts of terrorism, civil commotion or unrest, blockade, embargo or any law and order issue or proclamation, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable commercial control of Evoke London or its third parties performing such services as sub-contractor or agent to Evoke London and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Evoke London shall be excused from such performance or obligation.
10.1 When you use the Platform or send emails or other data, information or communication to Evoke London, you agree and understand that you are communicating with Evoke London through electronic records and you consent to receive communications via electronic records from Evoke London periodically and as and when required.
10.2 Evoke London will communicate with you by email or by notices on the Platform or electronic records on the Platform or on your mobile number which will be deemed adequate service of notice/ electronic record to the maximum extent permitted under any applicable law.
11.1 You agree and accept that, any creative ideas, suggestions, proposals, plans, feedback or other materials, whether online by email, postal mail or otherwise (“Feedback”), you provide to Evoke London shall be deemed to be non-confidential and further Evoke London reserves the right to use such information without any restriction to edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you provide.
11.2 Evoke London may, but shall have no obligation to, respond, monitor, edit or remove any Feedback appearing on the Platform that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or this Terms of Use.
11.4 You hereby waive all rights under applicable law in relation to any changes or modifications to the Platform, the content therein and/ or Services.
12.1 Feedback, questions about the Terms of Use or any other issues should be sent to us at [email protected]
