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ETHNIC FASHIONISTA – USER AGREEMENT

 

ETHNICFASHIONISTA (“EF, "we," us," and "our") provides you access to its interactive online website and services subject to the following Terms of Use. Please read the following Terms of Use carefully before using this website or other services that we provide. By accessing or using our website or our services (other than to read this for the first time), you agree to these Terms of Use. 

When you use any of the services provided by us through the Website, including but not limited to, (e.g., Customer Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

INTRODUCTION:

a)      WWW.ethnicfashionista.com(“Website”, “ethnicfashionista”) is an Internet based content owned and operated by ethnic fashionista, a sole proprietorship concern, owned by Mrs. Deepika Jain having its registered office at Site No 1 and 2 ,1st main road avalahalli,anjeenya temple street mysore road,Bangalore-560026

b)      Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. 

 

MEMBERSHIP ELIGIBILITY:

Use of our 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 our Website.

If you are a minor i.e. under the age of 18 years, you shall not register as a member of Ethnicfashionista.com and shall not transact or use ethnicfashionista.com. As a minor if you wish to use or transact on Ethnicfashionista.com, such use or transaction may be made by your legal guardian or parents who have registered as users of Ethnicfashionista. Ethnicfashionista reserves the right to terminate your membership and refuse to provide you with access to Ethnicfashionista.com if it is brought to our notice or if it is discovered that you are under the age of 18 years.

USER ACCOUNT, PASSWORD, AND SECURITY:

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to:

(a)   Immediately notify us of any unauthorized use of your password or account or any other breach of security;

(b)   Ensure that you exit from your account at the end of each session.

(c)   If you provide any information that is untrue, inaccurate, or incomplete or if we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, or not in accordance with the Terms of Use, 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.

We cannot and will not be liable for any loss or damage arising from your failure to comply in this regard.

 

SERVICES OFFERED:

We provide different ranges of products of good quality and other Internet-based services through the Web Site (all such services, collectively, the "Service").

Payment:

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

1. Lack of authorization for any transaction/s, 

2. Or exceeding the preset limit mutually agreed by you and between your "Bank/s", 

3. Or any payment issues arising out of the transaction,

4. Or decline of transaction for any other reason/s.

All payments made against the purchases/services on Ethnicfashionista.comby you shall be compulsorily in Indian Rupees acceptable by the Union of India. Ethnicfashionista does not accept any other form of currency with respect to the purchases.

Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

 

Wallet:

The Wallet ("Wallet") is a pre-paid payment instrument which is associated with your Website account. You can maintain a balance of money with us and redeem it at your convenience.

We will not pay any interest on the amount maintained by you in your Wallet.

In no event will EF be liable for any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.

EF will allow the user to buy products or services using the following forms of payments.

  1. Credit Cards
  2. Internet Banking;
  3. Debit Cards
  4. Wallet
  5. Any other mode of payment, as may be decided and made available on the Website.

 

 Product Description

 We try to be as accurate as possible. However, we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by us on the Website itself is not as described, your sole remedy is to return it in unused condition.

Replacement Guarantee

Our 10 daysReplacement Guarantee covers all physical products sold on Ethnicfashionista. Contact us at the time of delivery or notify our team within 3 days of receipt of the product to return the merchandise for a replacement. If you realize you have a defective product you have a 10 day window to return the product to us for a replacement.

 

Exchange Policy

Products sold on Ethnicfashionista are covered by our Exchange Policy.

If you are not satisfied with the the product, we will gladly exchange it according to your comfort and choice.

If you receive a product which is not as per the specifications ordered by you i.e.

1.       Wrong Size,

2.       Wrong Colour,

3.       Wrong Quantity,

4.       Defective,

5.       Damaged, Or

6.       Significantly different from the description given by the merchant

Exchange is subject to availability of the product.

COMMUNICATIONS:

When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We will communicate with you by email electronic records on the EF Website which will be deemed adequate service of notice / electronic record.

 

FEES/CHARGES:

Membership on the Website is free. Ethnicfashionista does not charge any fee for browsing the products on the website. However we reserve the right to charge fee and change its policies from time to time. In particular, EF 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 Ethnicfashionista reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.

Changes to this policy shall be posted on the Website and such changes shall mechanically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to “EF Inc“within such time as specified in the invoice. 

User shall be solely accountable for compliance of all applicable laws in India for making payments to us.

 

PRIVACY POLICY:

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Personal Information is one of our most important assets.

The User hereby consents, expresses and agrees that he/she has read and fully understands the Privacy Policy in respect of the Website. The user further consents that the terms and contents of such Privacy Policy are acceptable to him/her.

RELIANCE ON SITE INFORMATION:

Information available through our Website is for useful, entertainment and promotional purposes only. While we make efforts to ensure that information provided by us is accurate, we do not represent or warrant that any User Content or Site Content is accurate, complete or current. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Site Content, User Content, and other information and opinions expressed through our Site or Service. For instance, ratings and reviews may be informative to some but are not provided as a guarantee or prediction of the level of performance you may experience with the applicable product, service, merchant or other third party. You are solely responsible for any actions or decisions you take based on materials and information available through our Site and Service, and should carry out your own research and investigation as appropriate. 

LIMITED USER:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that EF’s name/Ethnicfashionista is stated as the source and prior written permission fromEF is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

USER CONDUCT AND RULES:

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

  1. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  4. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; computer;
  5. Conduct or forward surveys, contests, pyramid schemes or chain letters;
  6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  7. Fiddle or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  9. Violate any applicable laws or regulations for the time being in force in or outside India;
  10. 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, or with any other person’s use of the Website.

 

  1. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

  1. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of EF.

 

  1. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
  2. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally.

INTELLECTUAL PROPERTY:

Our Website, Service and related content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, "Site Content") and all intellectual property rights to the same are owned by us.

Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Site or Service are owned by us. Except for the limited use rights granted in these Terms of Use, you shall not acquire any right, title or interest in our Site or Service. Any rights not expressly granted in these Terms of Use are expressly reserved. 

Except as expressly provided in these Terms of Use, 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 our 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.

You agree that any Content you post may be used by us, consistent with our Privacy Policy on the website as mentioned herein, and you are not entitled to any payment or other compensation for such use.

 

LINKS TO THIRD PARTY SITES:

We welcome links to the Website ("Linked Sites"). The Linked Sites are not under the control of EF or is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EF is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. EF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EF or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

DISCLAIMER OF WARRANTIES AND LIABILITY:

EF has endeavoured to ensure that all the information on the Website is correct, but EF neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service.

In no event shall EF be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

a)      The use or the inability to use the Services;

b)      Unauthorized access to or alteration of the user's transmissions or data;

c)       Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. 

We do not warrant:

  1. That this Website will be constantly available, or not available at all during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond EF’s control; or
  2. The information on this Website is complete, accurate or non-misleading.

We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website.

We do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind.

You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

 

BREACH:

Without prejudice to the other remedies available to us under this agreement or under applicable law, we may limit the users activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

  1. The Users are in breach of this agreement, the privacy policy and/or the documents it incorporates by reference;
  2. We are unable to verify or authenticate any information provided by the Users; or
  3. We believe that the Users actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Users, other users of the website and/or EF.

 

EF may at any time in its sole discretion reinstate suspended Users. Once the Users have been indefinitely suspended the Users may not register or attempt to register with Galibazaar or use the website in any manner whatsoever until such time that the Users are reinstated by EF. Notwithstanding the foregoing, if the users breach this agreement, the terms of service or the documents it incorporates by reference, EF reserves the right to recover any losses, damages, claims suffered or incurred by EF and any amounts due and owing by the Users to EF and to take legal action as EFdeems necessary.

 

INDEMNIFICATION:

Youagree to indemnify, defend and hold harmless EF from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by EF that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

TERMINATION:

Either Party may terminate this Agreement with or without cause by giving the other Party thirty(30) days prior written notice of its intention to do so. EF shall have the right to terminate the Agreement at any time, for which termination shall be effective immediately. Termination shall include termination for:

1. material breach

2. If the orders have not been delivered on time

3. intentional non-performance of such duties

4. The other party’s gross negligence in the performance of his material duties under this Agreement;

5.The other party’s willful dishonesty, fraud or misconduct with respect to the business or affairs of the Corporation

[PS1] 

GOVERNING LAW:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore.

JURISDICTIONAL ISSUES:

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. We make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and we are not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

 

TRADEMARK, COPYRIGHT AND RESTRICTION:

This site is controlled and operated by EF. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Website owned, operated, licensed or controlled by us is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

 

DISPUTE RESOLUTION AND MANDATORY ARBITRATION:

If any dispute arises between Users and EF during the users use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Users Agreement, Privacy Policy or any document further incorporated by EF in connection with the Website, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by EF. The place of arbitration shall be Bangalore. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

AMENDMENT - ADDITIONAL TERMS:

We are constantly updating our Site and Services to provide better options and features, or for other reasons. In certain instances it may be necessary to update or modify our Terms of Use to reflect these and other changes.

We also may, in some instances, need to provide you with operating rules or additional terms that govern your use of parts of our Site or any Service ("Additional Terms"). Accordingly, you agree that we may at any time provide you with Additional Terms, or update or modify these Terms of Use, as appropriate or necessary. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. 

Modifications to these Terms of Use or any Additional Terms will be effective upon: 

a)      Notice, either by posting on our Site or by email notification;

b)      Your subsequent use of our Site or Service.

Your access and continued use of our Site or Service following any modification of these Terms of Use or the provision of Additional Termswill signify your assent to and acceptance of the same.

NOTICE OF GRIEVANCE:

We are not liable for any infringement of copyright arising out of materials posted on or transmitted by you using our Services through our Communication Facilities, or items advertised using our Services, by you or any other user, subscriber or third party. In the event you have any grievance in relation to any content uploaded using our Services, you may contact our Grievance Officer at the following address:

Mr. Akshay N

#7/1,  2nd Floor, 20th Cross,

Hundi Hanumanthappa Lane,

Killari Road,

 Bangalore-560053

 

 

This document is an electronic record in terms of Information Technology Act, 2000 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.

 

 

 

 


 [PS1]I suggest u do not mention any reason as it may get complicated in later stages. You can write the first two lines and control the agreement.