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:
- 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.
- 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.
- 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.
- 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.
- 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:
- You shall not host, display, upload, modify, publish, transmit, update or share any information
which:
- belongs to another person and to which You do not have any right;
- 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;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail, "chain letters”, or unsolicited mass mailing or
"spamming";
- 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];
- provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses;
- violates any law for the time being in force;
- impersonate another person;
- shall not be false, inaccurate or misleading;
- shall not create liability for Us.
- 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.
-
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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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:
- 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.
- 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:
- these Terms;
- from the use of or inability to use the Website;
- 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;
- delays or disruption on the Website;
- viruses or malicious software obtained by accessing or linking to the Website;
- glitches, bugs, errors or inaccuracies of any kind on the Website;
- the actions or inactions of third parties using the Website or with whom You interact with while using
the Website; and
- 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:
- the use of the Website by You or Your agent;
- breach or violation of, or failure to comply with, these Terms by You or Your agent;
- the infringement by You or your agent of any intellectual property rights or Website and/or the
Services being offered thereunder;
- negligence, fraud or wilful misconduct by You, or your agents;
- 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:
- 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
- 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:
- You breach any of the terms and conditions of this Agreement or any other provisions of the Terms; or
- we suspect or become aware that You have provided false, inaccurate, fraudulent, outdated, misleading
or incomplete information to Us; or
- we believe, in our sole discretion, that Your actions have or may cause legal liability for You, our
Users, or the Company; or
- 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
- 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
- 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
- You at any time fail to meet any applicable quality or eligibility criteria;
- the Company becomes aware of or has received complaints about your conduct; or
- 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:
- An informal negotiation directly with the Company’s team, and
- 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