TERMS AND CONDITIONS
TERMS AND CONDITIONS TO USE THE SITE:
The Site allows you to browse, select and purchase Clothing and Accessories (“Goods” or “Products” or “Services”).
“COMPANY” MEANS THE PROPRIETOR NIKITA VISHAKHA
Please read these terms and conditions carefully. These terms & conditions, as modified or amended from time to time, are a binding contract between the company and you.
If these Terms and Conditions conflict with any other document, the Terms and Conditions will prevail for the purposes of usage of the Site. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. We shall have no responsibility in any manner whatsoever regarding any promotional emails or sms/mms sent to you. The offers made in those promotional emails or sms/mms shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change. By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant specific restrictions, and on the terms and conditions stated below. You are required to create an account in order to purchase any product from the Site. This is required so we can provide you with easy access to print your orders and view your past purchases.
The Site/Company takes no responsibility for the services or products that are sold or supplied by third party vendors. The Company makes no warranty to their end users for the quality, safety, usability, or other aspect of a product or service that is supplied by a Merchant and/for some services or activities that involve potential bodily harm, and for those activities, the Company takes no responsibility for the service or activity being offered, and the end user takes responsibility for his or her own actions in utilising those services.
By using this Site, the User agrees to comply with all of the terms and conditions hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Site and shall not sell, purchase or bid for any items on the Site. As a minor if you wish to purchase or sell an item on the Site such purchase or sale may be made by your legal guardian or parents who have registered as users of the Site. We reserve the right to terminate your membership and refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
Access to and use of password protected and/or secure areas of the Site is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the Site may be subject to prosecution.
Your Information (or any items listed):
“Your Information” is defined as any information you provide to us or other users of the Site in the registration process, in the feedback area, bulletin board, chat service etc. or through any e-mail feature. You are solely responsible for Your Information, and in accordance with certain features of the Site we may only act as a passive conduit for your online distribution and publication of Your Information.
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defenses, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. (j) Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Site.
While we have made every effort to display as accurately as possible the colours of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.
When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with you by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.
License and Site Access
We grant you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorised hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorised use by you shall terminate the permission or license granted to you by us.
The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such Sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.