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Terms of Use

PLEASE READ THE TERMS OF USE VERY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, LIABILITIES, REMEDIES AND OBLIGATIONS. THEY CONSTITUTE A LEGAL BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 of the Information Technology Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.thechicindian.com website and domain name, any other linked pages, features, content, mobile applications, and any other services we offer from time to time in connection with any of the foregoing (collectively, the “Website”).

The Website is owned by The Chic Indian, a sole proprietorship firm duly represented by its sole proprietor Puja P Goyal, with its registered office at Office No. 731/2, 5th Floor, Building no. 44, Air Condition Market Building, Pandit Madan Mohan Malviya Marg, Tardeo, Mumbai – 400 034 (hereinafter referred to as the “Company”).

These Terms of Use (“Terms”), as modified from time to time, specify the terms and conditions for access to and use of the Website and the Services (as defined in Section 1 (Services) below) operated and made available to you (“You” or “Your” or “User”) by the Company and its subsidiaries, representatives, affiliates, officers and directors (collectively referred to as “We” or “Our” or “Us”). .

These Terms constitute a legal binding agreement between You and Us (“Agreement”). You must, read, agree to and accept all of the terms and conditions contained in these Terms to be a User of the Website including any subdomains thereof, and any other websites through which the Company makes its services available. By accessing or using the Services, You acknowledge and unequivocally agree and undertake, without limitation, to be bound by, all of the terms and conditions contained herein, as amended from time to time, and which are deemed to include all such other additional or alternative terms, conditions, rules and policies which are displayed in, or to which You may be directed and as may be modified by Us from time to time. If You do not agree to these Terms, You may not access the Website or use the Services being provided by Us. These Terms expressly supersede prior agreements or arrangements with You. The Company may immediately terminate these Terms or any Service with respect to You, or generally cease offering any Services or deny access to the Website or any portion thereof, or change the eligibility criteria for the Services, at any time for any reason

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY (SEE SECTION 22 (DISPUTE RESOLUTION)), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

The Company may update these Terms at its sole discretion, with changes taking effect upon posting. Continued use of the Services confirms your acceptance of the revised Terms. You may reject changes by notifying the Company in writing within 30 days of the effective date mentioned. This written notice must be provided either (a) by mail or hand delivered to Us at our registered office address, or (b) by email from the email address associated with your Account to: support@thechicindian.com. In order to be effective, the notice must include Your full name and clearly indicate Your intent to reject changes to these Terms. By rejecting changes, You are agreeing that You will continue to be bound by the provisions of these Terms as of the date You first agreed to the Terms (or to any subsequent changes to these Terms). Any revision or modification to the Terms will take effect from the noted effective date as updated at this location.

1. Services

We provide an online marketplace that enables Users to discover, browse and purchase a wide range of fashion and lifestyle products, and features a curated selection of unique, high-quality and designer goods, including but not limited to apparel, accessories and footwear. Our services include showcasing curated collections from independent designers, boutique labels and established brands, all brought together in one convenient online marketplace, all at a great value (“Services”).

2. User Eligibility

Use of the Website 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 Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Company Website and shall not transact on or use the Website. As a minor if you wish to use, access or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Company reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to the Company’s notice or if it is discovered that you are under the age of 18 years.

3. Account and Membership

Our Website is accessible to both registered members and non-registered (guest) Users. Non-registered (guest) Users may browse and access the Website, utilize the AI Content, place orders and avail discounts from the archive section (sale section) of the Website at the same prices as registered members, which shall be governed as per these Terms. However, certain premium features and services are exclusively available to registered members. The exclusive features and services include benefits such as members pricing / discounts as per the discretion of the Company, personalized product recommendations, early access to new collections, order history tracking, wishlists and priority access to limited edition products or designer collaborations (subject to availability).

To access the membership features, User must create an account with the Company. The membership is free of charge, unless otherwise revised at the sole discretion of the Company. Membership eligibility is determined by the Company at its sole discretion.

We reserve the right to revoke Your membership, decline Your registration to join the Website or to create an account, or put your account on hold in the event that We determine You are not eligible. To create an account, You will be required to provide Your full name, location, a valid email address and contact number. Alternatively, You can create an account through social login options such as Google or Facebook, in which case Your name, email address, location and contact number will be automatically retrieved. You may edit or update this information anytime, through the profile section after Your account has been created. Please note that your personal information will be accessible to the Company and its associated operations, including logistic partners and affiliated brands. Your membership will continue until terminated. You may cancel your membership at any time.

The Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, the Company reserves the right to introduce fees for the new services offered or introduce fees for existing services, as the case may be. Any introduction or revision of the membership fee shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, the Membership Fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company.

You may only create one account with us, and the Company reserves the right to immediately terminate any additional accounts created by You. During the account registration process, You will be asked to select a unique password. You are solely responsible for protecting and maintaining the security and confidentiality of the password and account, and are fully responsible for all activities that occur under the password. You must provide accurate and complete information and keep your account information updated. By logging into the Website or otherwise using the Services, you represent and warrant that: (a) you are the member who registered for the Services; (b) that You are using the Services only for permitted purposes; and (c) You are not a competitor of the Company or agent thereof. You will immediately notify Us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. You may never use another person’s User account or registration information for the Services without permission. Please contact us to notify us of any change in Your eligibility to use the Services, any potential unauthorized use(s) of your account, or any breach of security; however, We have no obligation to investigate the authorization or source of any such access or use of the Services. You may not assign or otherwise transfer your account to another party.

YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

If You create an account, you represent and warrant that: (a) You will not select or utilize a user name of another person with intent to impersonate that person; (b) You will not select or utilize a user name in which another person has rights, if You do not have that person's authorization to use such name; (c) You will not select or utilize a user name that the Company in its sole discretion deems offensive; and (d) You are not a competitor of the Company, or an agent thereof. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of Our employees or affiliates.

You agree that the Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website. You must provide accurate, current and complete information during the registration process and keep your account and profile page information up-to-date at all times. You agree to not provide any false or misleading information and to promptly correct any such information that has become false or misleading.

4. User Content & AI Features

Contents posted or generated on Website shall mean and include all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content") by the Company.

Except as expressly provided in these Terms, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including (mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent. You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

From time to time, the Company may introduce features and capabilities as part of the Services that utilize artificial intelligence, machine learning, or similar technologies (the “AI Features”). The User may interact with the AI Features by using the chat option available on the Website by uploading information, including User data, questions, reviews, comments and suggestions (collectively, “User Content”), and receive output generated by the AI Features based on the User Content (“Output”), and together with User Content, the “AI Content”). The User is solely responsible for the User Content and for ensuring that the AI Content complies with Applicable Laws and these Terms. Users are advised not to share any personal or sensitive information when interacting with the AI Features.

The User Content will be treated as non-confidential and non-proprietary, and We shall have the royalty-free, fully paid, worldwide, perpetual, irrevocable, sub-licensable, and transferable right to use, edit, modify, truncate, aggregate, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such User Content in any form, by any means, through any channels (including, without limitation, third party websites and feeds), and to translate, modify, reverse-engineer, disassemble, or decompile such User Content, and otherwise fully exploit your User Content in connection with the Website, the Services, and our (and our successors and assigns) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof), and including after Your termination of Your account or the Services. For clarity, images shared by a User through the chat option are processed only ephemerally and are not stored by the Company. However, search queries and other textual inputs forming part of the User Content may be stored and used for analytic and research purposes by the Company.

However, the Output generated by the AI Features will not be stored or retained by the Website or the Company. While User may view and interact with the Output during their session, the Website or the Company does not save, archive or maintain a record of such Output once the session ends. The User is solely responsible for saving or preserving any Output they wish to retain for future reference. The Company disclaims any liability for the loss of AI-generated Output and makes no representations regarding the retrievability of such content after a session has concluded.

In addition to the rights applicable to any User Content, when You post comments or reviews to the Website, you also grant us the right to use the name that you submit and You represent and warrant that you own or otherwise control all of the rights to the content that You post on this Website or on the Services and that use of your content by us will not infringe upon or violate the rights of any third party, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. We may, but shall not be obligated to, remove or edit any User Content (including comments or reviews) for any reason.

5. Availability of Content

We do not guarantee that any Content will be made available on the Website or through the Services. We reserve the right to, but do not have any obligation to, (a) remove, edit or modify any Content in Our sole discretion, at any time, without notice to You and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that You may have violated these Terms), or for no reason at all; and (b) to remove or block any Content from the Services.

6. User Content from Other Users, Links, Search Results, Advertising and Third-Party Sellers

Our Website may contain (a) User Content from other users; (b) links to third-party websites; (c) third-party advertisements and/or sponsorships; and (d) third-party stores, services, or product lines. Additionally, certain User information may be shared with third parties individuals or entities for the purpose of facilitating the delivery of products or services to You. As a result, some of these third-party partners may use such information to directly engage with You or target You with their own materials, communications or promotional campaigns (the aforesaid along with (a), (b), (c), and (d) are collectively, "Third-Party Materials"). We do not control, endorse, or assume any responsibility for these Third-Party Materials or the actions of the associated third parties.

We make no representations or warranties regarding the accuracy, legality, safety, or content of the Third-Party Materials. Your use of Third-Party Materials and interaction with third parties is at Your own risk. We are not liable for any disputes or issues arising from such interactions. Once You leave our Website, our Terms (including Our Privacy Policy) no longer apply, and You should review the relevant third-party terms. You hereby release Us, Our subsidiaries, affiliates, directors, officers, employees, contractors, agents, suppliers, content providers, partners, representatives and successors from any claims or damages arising from your use of or reliance on Third-Party Materials.

7. Permitted Use and Restrictions

Subject to the terms and conditions of this Terms, We hereby grant you a limited, revocable, non-sub licensable, non-transferable and non-exclusive license to access and use the Website and Content, only for the purpose of using the Services, and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Us in advance. Any breach of this Terms shall result in the immediate revocation of the license granted in this paragraph without notice to You.

Henceforward:
  1. All commercial/contractual terms are offered by and agreed to between Us and the User purchasing the products/services through the Website (“Buyer”) alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and Services.
  2. The Company holds the right, title or interest over the products and the Services, and the Company shall have obligations or liabilities in respect of such contract entered into between the Buyer and Us. In case of delays as a result of products which are out of stock, unavailable or back ordered, the Company shall provide the product to the Buyer as soon as the same is available and shall not be in default for any such delays.
  3. You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the User of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other User which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution when using the Website. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
  4. The Company makes no warranties on the quality, value, or saleability of products or services listed on the Website and does not endorse any sale or purchase. It is not liable for any errors or omissions by itself or third parties.
  5. Cancellation on Placement of Order
    Placement of order by a Buyer with the Company on the Website is an offer to buy the product(s) by the Buyer to the Company and it shall not be construed as the Company's acceptance of Buyer's offer to buy the product(s) ordered. The Company retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any Transaction Price paid by the Buyer in case of such cancellation by the Company, shall be refunded to the Buyer. The Company reserves the right to cancel orders that exceed typical individual consumption limits, whether in a single order or through multiple orders of the same product. What constitutes typical consumption will be determined solely by the Company, based on various factors and may vary from person to person.

8. Your Conduct

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

    1. belongs to another person and to which You do not have any right;
    2. is harmful, harassing, defamatory, obscene, pornographic, invasive of privacy, hateful, offensive on racial or ethnic grounds, promotes money laundering or gambling, or is otherwise unlawful;
    3. harasses or advocates harassment of another person;
    4. involves the transmission of "junk mail, "chain letters”, or unsolicited mass mailing or "spamming";
    5. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
    6. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    7. violates any law for the time being in force;
    8. impersonate another person;
    9. shall not be false, inaccurate or misleading;
    10. shall not create liability for Us.

  2. You shall not make any negative, defamatory, or damaging statements about the Company, its brand, domain name, trademarks, or goodwill, or engage in any conduct that may harm the Company’s reputation or dilute its brand value.
  3. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks, or any systems or networks connected to the Company. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any Transaction being conducted on the Website.
  4. You must comply with all applicable laws, rules, and regulations, at all times, including the Information Technology Act, 2000, exchange control laws and tax regulations, in connection with Your use of Our Services and any listing, purchase, or sale of products or services. You shall not engage in any Transactions involving products or services prohibited under any applicable laws.
  5. We reserve the right, but not the obligation, to monitor content posted on the Website and may remove, edit or disable access to any User Content that violates these Terms or is deemed harmful or objectionable. Only queries related to fashion and the Services offered on the Website are permitted. However, you remain solely responsible for the content You post in chat option of the AI Features. Such content does not reflect the views of the Company, and We assume no liability for it.
  6. Other users, including unauthorized users or hackers, may post offensive content or misuse information shared on the Website, potentially exposing You to such material or misuse of Your personal data. While We do not condone such actions, by using the Website, You acknowledge that We are not responsible for how publicly shared information is used.

9. Prices, Colors and Availability

We strive to provide You with the best prices possible on products and/or services You buy from Us, however, We do not guarantee that the price will be the lowest in the city, region or geography. The individual product price as showcased on the Website may include supplier product price, shipping charges and customization charges (if any). All prices listed on the Website are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your payment has already been processed for the purchase, whether through credit card, debit card, UPI, online banking or any other authorized digital payment method, and your order is cancelled, we shall immediately issue a refund to the original payment source in the amount of the payment processed.

Please note that the colours of items and products may depend on your monitor/device and may not be correctly displayed. The Users are advised to check the individual product listings on the Website to receive the complete and accurate information of the products. The availability of products and other items on the Website may change at any time, without notice.

10. Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify Our acceptance of Your order, nor does it constitute confirmation of Our offer to sell. We reserve the right at any time after receipt of your order to accept or decline Your order for any reason. We reserve the right at any time after receipt of Your order, without prior notice to You, to supply less than the quantity You ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until We send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if We cancel all or a portion of Your order or if We provide you less than the quantity You ordered, Your sole and exclusive remedy will be one of the following: (a) We will issue a refund to the original payment source in the amount charged for the cancelled portion or the quantity not provided (if your payment has already been processed through credit card, debit card, UPI, online banking or any other authorized digital Payment Method) or (b) if payment has not yet been processed, We will not charge You for the cancelled portion of the order or the quantity not provided.

11. Payment Method

“Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.

“Transaction” shall mean a purchase or attempted purchase of one or more products by a User through the Website, including all steps involved from placing an order, making payment, and the acceptance or fulfillment of such order by Us.

“Transaction Price” shall mean the total price payable for the product(s) or service(s) purchased by the User as part of a Transaction, which may include the product price, applicable taxes, shipping and handling charges, and any other charges as may be applicable at the time of placing the order.

For each product or service You order through the Services, You agree to pay the price applicable for the product or service, along with all fees/costs/charges/taxes associated with the purchase of products from Us as of the time you submitted the order. All prices are non-refundable. Without limiting other remedies, We reserve the right to charge a late fee on all past due payments on the unpaid balance at the highest rate allowed by law. You will pay for all collection costs, attorney’s fees, and court costs incurred in the collection of the past due amounts.

We use a third-party payment processor (the ‘Payment Processor’) to process Your payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Terms. We are not responsible for error by the Payment Processor.

While availing any of the Payment Method/s available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  • Lack of authorization for any Transaction/s, or
  • Exceeding the preset limit mutually agreed by You and between "Bank/s", or
  • Any payment issues arising out of the Transaction, or
  • Decline of Transaction for any other reason/s

All payments made against the purchases/services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India.

Before shipping / delivering Your order to You, We may request you to provide supporting documents (including but not limited to Government issued ID and address proof) to establish the ownership of the Payment Method used by You for Your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

  1. Transactions, Transaction Price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Us and payment facility is merely used by the Buyer and the Company to facilitate the completion of the Transaction.
  2. You authorize the Company and its service providers to collect, process and remit payments (including Cash on Delivery) for transactions. Your relationship with the Company remains on a principal-to-principal basis.
  3. The Payment Method provided is not a banking or financial service but a facilitation tool using existing payment infrastructure. The Company does not act as a trustee or fiduciary with respect to any transaction or payment.

The Company reserves the right to impose limits on the number of Transactions or Transaction Price which Company may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

The Company reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Company or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy. The Company may do such checks as it deems fit before approving the receipt of Buyers’ commitment to pay Transaction Price from the Buyer for security or other reasons at the discretion of the Company. As a result of such check, if the Company is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay the Transaction Price.

The Company may delay notifying the payment confirmation i.e. for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, the Company may hold Transaction Price and Company may dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

Compliance with Laws:
The Company and the Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Method and the Company Website.

Buyer’s arrangement with the issuing bank:

  1. All valid credit / debit / cash card and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective issuing bank and payment instrument issuing company.
  2. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support Payment Method to provide these services to the Users. All such online bank transfers on Payment Method are also governed by the terms and conditions agreed to between Buyer and the respective issuing bank.

12. Intellectual Property Rights

You acknowledge and agree that all copyright, designs, the "look and feel" of the Website, trademarks and all other intellectual property and material rights relating to the Content and the Services as herein described, including but not limited to the Website software and all HTML and other code contained in this Website, shall remain at all times exclusively vested in the Company and/or its licensors. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Website and the Services are protected by state laws, common laws and regulations and international treaty provisions.

Intellectual Property for the purpose of this Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of the Company as the owner of such domain name.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website or Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. Any reproduction or redistribution of the above listed Content and Intellectual Property is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and the Company’s control or control of its licensors, as the case may be.

13. International Access

The Website may be accessed from countries other than India. The Website may contain products or references to products that are not available outside of India. Any such references do not imply that such products will be made available outside India. If you access and use the Website or Services outside India you are responsible for complying with your local laws and regulations.

14. Returns and Refunds

For return and refund of products and services, please see our Frequently Asked Questions (FAQs).

15. Privacy

For information about how We collect, use and share your information when You use the Website and the Services, please see our Privacy Policy .

16. Ratings and Reviews

After receiving a product or service, the User can leave a private review (“Review”) and submit a star rating (“Rating”) based on their experience with the order. The Company reserves the right to publish such Reviews and Ratings for public viewing. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of the Company. Ratings and Reviews may not be verified by the Company for accuracy and may be incorrect or misleading. Ratings and Reviews by the Users must be accurate and shall not contain any offensive or defamatory language. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review. Ratings and Reviews are part of a User’s profile and may also be surfaced elsewhere on the Website, at the sole discretion of the Company.

17. Communications

By becoming a User, You agree to receive communications from Us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems. Communications from the Company may include, but are not limited to:

  • Operational communications concerning your account or use of the Website or Services;
  • Updates concerning new and existing features on the Website;
  • Communications concerning promotions run by Us or our third-party partners;
  • News concerning the Company.

If You wish to opt out of promotional emails, You can unsubscribe from Our promotional email list by following the unsubscribe options in the promotional email itself. If You wish to opt out of promotional calls or texts, You may contact Us using the details mentioned in the ‘Contact Us’ section of the Website.

You acknowledge that You are not required to consent to receive promotional texts or calls as a condition of using the Website or the Services. However, You acknowledge that opting out of receiving all texts may impact Your use of the Website or the Services.

The Company, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to You, shall have no bearing whatsoever on Your agreement or relationship with the Company. While the vendors or third-party partners of the Company may send promotional content against the Company’s instructions, We do not guarantee compliance and shall not be held liable for any such communications sent independently by any such vendors or third parties.

18. Disclaimer

If You choose to use the Website, You do so voluntarily and at your sole risk. The Website is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement as to the operation of the Service, or the information, content, materials, or products included in the Service. We make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free. We make no warranty as to the results that may be obtained from Your use of the Website or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected.

You acknowledge that We do not control content, information, products or services offered by advertisers, third parties or other users on or through the Website, including, but not limited to, information, products, or services provided by license to Us from third parties or materials provided by other Users.

You agree that You have had whatever opportunity You deem necessary to investigate the laws, rules, or regulations that may be applicable to You as a User and that You are not relying upon any statement of law or fact made by the Company.

If We choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, We disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

19. Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website and interaction You have with the other Users or AI Features, remains with You.

Neither the Company nor any other party involved in creating, producing, or delivering the Website or AI Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with:

  1. these Terms;
  2. from the use of or inability to use the Website;
  3. from any communications, interactions or meetings with other Users and or other persons with whom you communicate or interact with as a result of your use of the Website;
  4. delays or disruption on the Website;
  5. viruses or malicious software obtained by accessing or linking to the Website;
  6. glitches, bugs, errors or inaccuracies of any kind on the Website;
  7. the actions or inactions of third parties using the Website or with whom You interact with while using the Website; and
  8. suspension or other action taken with respect to Your account.

In no event will the Company’s aggregate liability arising out of or in connection with these Terms and your use of the Website including, but not limited to, from the use of or inability to use the Website and in connection with any Service, or interactions with any other User, exceed the amounts You have paid or owe for that specific product/service.

These limitations will apply to any liability arising from any cause of action whatsoever arising out of or in connection with these Terms whether in contract or tort including negligence, strict liability or otherwise even if advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose. Some jurisdictions do not allow for all of the foregoing exclusions and limitations so to that extent some or all of these limitation and exclusions may not apply to You.

20. Indemnity

You agree to release, indemnify, defend and hold harmless the Company, its subsidiaries, affiliates, officers, directors, employees, consultants, agents, successors and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses or demands, including, but not limited to, attorneys’ fees and accounting fees, arising out of or in way connected with:

  1. the use of the Website by You or Your agent;
  2. breach or violation of, or failure to comply with, these Terms by You or Your agent;
  3. the infringement by You or your agent of any intellectual property rights or Website and/or the Services being offered thereunder;
  4. negligence, fraud or wilful misconduct by You, or your agents;
  5. Your breach of any laws, rules or regulations.

For the purposes of this Section, the term ‘your agent’ includes any person who has apparent authority to access or use Your account demonstrated by using Your username and password.

21. Feedback

We welcome and encourage You to provide feedback, comments and suggestions for improvements to the Website (“Feedback”). You may submit Feedback by emailing Us, through the ‘Contact Us’ section of the Website, or by other means of communication. Any Feedback You submit to Us will be considered non-confidential and non-proprietary to You. By submitting Feedback to Us, You grant Us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to You.

22. Termination by User

This Agreement shall be effective until such time when You or the Company terminate them in accordance with this provision. You may terminate this Agreement at any time by sending us an email at support@thechicindian.com.

In the event You properly terminate this Agreement, your right to use the Website and the Service is automatically revoked, and your account will be closed.

If You attempt to terminate this Agreement while there are any pending products and/or services that you have ordered, You agree that:

  1. this Agreement will remain in effect and binding on You until all such products and/or services have been fully delivered and accepted by You; and
  2. You will remain responsible for making all payments due in connection with those products and/or services.

Without limiting our rights or remedies, the Company may terminate this Agreement for convenience at any time by giving You thirty (30) days' notice via email to Your registered email address.

Without limiting our other rights or remedies, We may, but are not obligated to, temporarily or indefinitely revoke access to the Website, deny your registration, or permanently revoke your access to the Website and refuse to provide any or all of our Services to You if:

  1. You breach any of the terms and conditions of this Agreement or any other provisions of the Terms; or
  2. we suspect or become aware that You have provided false, inaccurate, fraudulent, outdated, misleading or incomplete information to Us; or
  3. we believe, in our sole discretion, that Your actions have or may cause legal liability for You, our Users, or the Company; or
  4. we believe, in Our sole discretion, that your actions may be contrary to the interests of the Company or the User community, or has or may involve illicit or illegal activity; or
  5. such action is reasonably necessary to protect the personal safety or property of the Company, its User and/or third parties or to prevent fraud; or
  6. We need to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; or
  7. You at any time fail to meet any applicable quality or eligibility criteria;
  8. the Company becomes aware of or has received complaints about your conduct; or
  9. You have repeatedly cancelled placed orders without a valid reason.

We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

If your account is suspended or closed, You may not use the Website under the same account or a different account or re-register under a new account, without Our prior written consent. If You attempt to do so, We reserve the right to reclaim available funds in that account to pay for any amounts owed by You to the extent permitted by applicable law.

Upon termination, you shall immediately cease access to and use of the Website and Services immediately. We may revoke your access and credentials without further notice and are not liable for notifying you about the account closure.

Except as otherwise required by law, if Your account is closed for any reason, You will no longer have access to data, messages, files, or other material you keep on the Website and that any closure of your account may involve deletion of any content stored in your account for which the Company will have no liability whatsoever. The Company, in its sole discretion and as permitted or required by law, may retain some or all of your account information.

If You or We terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and payment obligations. Termination shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

23. Dispute Resolution

This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against the Company in India.

The Company is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for dispute resolution between You and the Company:

  1. An informal negotiation directly with the Company’s team, and
  2. A binding arbitration administered by a neutral and independent arbitrator appointed mutually by the Company and You.
You and the Company mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Website (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, You and the Company agree that the arbitrator will decide that issue.

The arbitration will be held in Mumbai or any other location We agree to and will be governed by the provisions of the Arbitration and Conciliation Act, 1996 and as are in force at the time of any such arbitration.

Prior to initiating an arbitration, you and the Company each agree to notify the other party of the Dispute and attempt to negotiate an informal resolution to it first. We will contact You at the email address You have provided to Us; you can email the Company at support@thechicindian.com or call at +91 8655838232 (“Notice”).

Any Notice must include pertinent account information, a brief description of the Dispute, and contact information, so that you or the Company, as applicable, may evaluate the Dispute and attempt to informally resolve the Dispute. Both You and the Company will have 30 (thirty) days from the date of the receipt of the Notice to informally resolve the issue, which, if successful, will avoid the need for further action.

If after a good faith effort to negotiate, one of us feels the Dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.

24. Applicable Law

These Terms will be governed in accordance with the laws of India without regard to its conflict of law provisions.

25. General Provisions

  • No joint venture, partnership, employment, or agency relationship exists between You and the Company as a result of these Terms or your use of the Website.
  • These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
  • If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
  • The parties will not be responsible for any failure to perform or delay in performance of any obligation due to reasons beyond their control, such as natural disasters, wars, or government restrictions.
  • The Company’s failure to enforce any right or provision in these Terms will not constitute a waiver unless agreed in writing.
  • You may not assign, transfer or delegate your rights and obligations under these Terms without the Company’s prior written consent.
  • The Company may assign, transfer or delegate these Terms and any rights or obligations with 30 days prior notice to You.
  • All notices will be deemed delivered when sent via email to the other party’s last known email address.
  • You agree to perform any additional acts or provide documents necessary to fulfill the Terms’ provisions.

26. Contact Us

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website to support@thechicindian.com.

Grievance Officer:

In accordance with the Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name: Puja Goyal Sarvaiya
Address: Office No. 731/2, 5th Floor, Building No. 44, Air Condition Market Building,
Pandit Madan Mohan Malviya Marg, Tardeo, Mumbai – 400 034
Phone:+91 8655838232
Email: puja@thechicindian.com