TERMS AND CONDITIONS
This electronic record is prepared 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.
The document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions of access or usage of the website www.kavyasinghkundu.com. (hereinafter referred to as “Platform”).
Your use, access to, browsing, review and use of the Platform, its services and tools is subject to these Terms and Conditions (“Terms”) and all applicable laws. By accessing and using the Platform, you accept these Terms and, without limitation or qualification. By mere use of the Platform, you shall be contracting with TexStylish Inc. (“Organisation”) the owner of the Platform. If you do not agree to the Terms, do not use the Platform. If, at any time, any part of the Terms is no longer acceptable to you, immediately terminate the use of the Platform.
For the purpose of these Terms, wherever the context so requires “You” or “User” ; shall mean any natural or legal person who has agreed to become a buyer/user on Platform by providing data while registering on the Platform as a Registered User. The term “Platform”, “We”, “Us”, “Our” shall mean www.kavyasinghkundu.com.
ELIGIBILITY
The services of the Platform are available only to individuals who are competent to enter a legally binding contract under the Indian Contract Act, 1872. Individuals who are incompetent to enter acontract as per Indian Contract Act, 1872, shall not be eligible for the Services provided by this Platform and hence shall not register as a User or transact on this Platform.
1. SERVICES OFFERED
We provide ready-to-wear fashion garments for women and women’s accessories (hereinafter referred to as “Services”)
2. BILLING
The price of our merchandise as mentioned on the Platform is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India.
3. PRODUCT DESCRIPTIONS
Products displayed on the Platform attempt to be as accurate as possible. However, the Platform does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to contact us within 48 hours of receipt, and we vest the right to provide a solution as per its discretion. The Platform is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
4. PRODUCT COMPLIANCE
Products displayed/ sold on the Platform are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
5. ORDER CANCELLATION
Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. In such cases, the Platform reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned and made
available to the user in case of cancellation by the Platform.
6 DELIVERY
The Platform endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if the Platform fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, the Platform may at its discretion charge you for additional shipping cost.
7 LOSS IN TRANSIT
The Platform shall make all endeavours to deliver defect free products to the purchasers. The Platform does not take title to any returned items purchased by the user unless the item is received by us. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to the Platform within 48 hours of its receipt. Any communication
received after 48 hours of delivery shall not qualify for return and the Platform holds the sole discretion to determine whether a refund can be issued.
8 INACCURACY DISCLAIMER
From time to time there may be information on our website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. The Platform reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
9 INTELLECTUAL PROPERTY
a. Platform is solely controlled, managed and operated by Organisation. All material on the Platform including but not limited to images, illustrations, audio clips, video clips etc. belong to Organisation and are protected by copyrights, trademarks, and other intellectual property rights. This material is solely for Your personal and non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Modification of
the material or use of the materials for any purposes other than personal and 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.
b. You may be required to provide information about yourself in order to register for and/or use Services. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of Your username and password and agree not to disclose such to any third party.
c. You agree that You are solely responsible for the content ("Content") sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Platform and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Organisation be liable in any
way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although the Platform is not responsible for any Content, it may delete any Content, at any time without notice to You, if the Platform becomes aware that it violates any provision of this Agreement, or any law.
10 PRIVACY AND USAGE OF COOKIES
For access to the Privacy Policy, please refer to the Privacy Policy page.
11. USER CONDUCT AND RULES ON THE PLATFORM
You agree, undertake, and confirm that your use of the Platform shall be strictly governed by the following binding principles:
a. You shall not host, display, upload, modify, publish, transmit, update or share any information that
· belongs to another person and to which You don’t have any right to;
· is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
· harm minors in any way;
· infringes any patent, trademark, copyright or other proprietary rights;
· violates any law for the time being in force;
· deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
· impersonate another person;
· contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
· threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
· You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws regarding Your use of Our Services.
12. NO WARRANTIES
You understand and agree that the services are provided "as is" and Organisation, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non- infringement. Organisation, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the services, regarding the accuracy or reliability of any information obtained through the services or that the services will meet any user's
requirements, or be uninterrupted, timely, secure or error free. Use of the services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the services. The entire risk arising out of use or performance of the services remains with you. Organisation does not assume any responsibility for retention of any user information or
communications between users. Organisation cannot guarantee and does not promise any specific results from use of the services. Use is at your own risk.
13. LIMITATION OF LIABILITY
Organisation shall not be liable for any special, incidental, indirect, exemplary or consequentialdamages whatsoever (including, without limitation, damages for loss of business, profits, businessinterruption, loss of business information, or any other pecuniary loss or damage) to the maximumextent permitted by applicable law arising out of the use of or inability to use the services or failureto provide technical or other support services.
You are responsible for the activities of all end-users who access or use the services through youraccount and you agree to ensure that any such end-user will comply with the terms of this Agreement and any other policies of the Organisation. Organisation assumes no responsibility or liability for violations. If you become aware of any violation of this agreement in connection with use of the Services by any person, please contact Organisation at @kavyasinghkundu.com.
Organisation may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will Organisation be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
14. BREACH OF TERMS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
a. send you one or more formal warnings;
b. temporarily suspend your access to our Platform;
c. permanently prohibit you from accessing our Platform;
d. commence legal action against you, whether for breach of contract or otherwise; and/or
e. suspend or delete your account on our Platform.
Further, You shall be liable to indemnify and hold harmless Organisation , its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
15. AMENDMENT
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these terms, at any time without any prior written notice to You. You shall ensure to review these Terms periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as you comply with these terms, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these terms, you also accept and agree to be bound by Organisation Policies including but not limited to Privacy Policy as amended from time to time.
16. ARBITRATION
In the event of any differences and disputes with respect to the Terms, the same shall be referred to arbitration as per the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force. The venue and seat of the Arbitration shall be at Kolkata and the arbitration shall be conducted in the English language.
17. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and constructed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Kolkata, The place of jurisdiction shall be exclusively in Kolkata.
18. ENTIRE AGREEMENT
These Terms contains the entire Agreement as to the subject matter hereof and supersedes any previous or contemporaneous understandings, commitments, or agreements, oral or written, as to such subject matter.