Terms & Conditions

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Terms and Conditions
1. GENERAL
The terms and conditions as set out herein (“Terms”) constitute an agreement
between Chunari Fashion (“we”, “us” or “our”), which operates
the www.________________ (also referred hereunder as Chunari Fashion Medium )
and a natural or legal person who accesses and/or uses Chunari Fashion Medium in
any manner (“you” or “your”) or uses any current or future service or functionality or
offer made available on Chunari Fashion Medium (“Service(s)”), as updated from
time to time.
By using the Chunari Fashion Medium, you expressly agree to be bound by the Terms.
If you do not agree with any of the Terms, please do not use the Chunari Fashion
Medium.
For the purposes of these Terms: (a) “Chunari Fashion Medium” means the
https://____________________/ which include its corresponding /
website/tablet/desktop or any other digital mode and/or operating system as
provided by us, on which you may avail the Services and includes applications
controlled and managed by us which interact with one or more such websites/
tablets and digital modes as provided by us; (b) “Products” shall mean apparels,
accessories and any other products under the brand name “Chunari
Fashion” offered for sale to you on the Chunari Fashion Medium.
The terms “We” / “Us” / “Our”/ “Company”/ “Firm” individually and collectively
refer to Chunari Fashion and the terms “Visitor” ”User” refer to the users.
This page states the Terms and Conditions under which you (Visitor) may visit this
website (“Website”).
Please read this page carefully. If you do not accept the Terms and Conditions stated
here, we would request you to exit this site. The business, any of its business
divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries
or such other investment companies reserve their respective rights to revise these
Terms and Conditions at any time by updating this posting.
You should visit this page periodically to re-appraise yourself of the Terms and
Conditions, because they are binding on all users of this Website.
The terms and conditions for usage of the Chunari Fashion Medium as set out herein
specifically govern your access and use of the Chunari Fashion Medium which
provides a forum for you to inter alia enable you to discover, select and buy Products
listed on Chunari Fashion Medium at the indicated price at any time, from the
locations serviceable by us.
Please note that we may from time to time change the Terms of Use that govern
your use of the Chunari Fashion Medium. Every time you wish to use our Chunari
Fashion Medium, please check these Terms of Use to ensure you understand the
terms and conditions that apply at that time. Further, please note that we reserve
the right to either change the format and the content of the Chunari Fashion
Medium or suspend the operation of the Chunari Fashion Medium for support or
maintenance work, in order to update the content or for any other reason, at any
time.
Any accessing, browsing, or otherwise using the Chunari Fashion Medium indicates
your agreement to these Terms of Use, the privacy policy of Chunari Fashion
Medium (available here: privacy policy and any other policies or guidelines that may
be applicable on the Chunari Fashion Medium at the time of your access and usage
of the Chunari Fashion Medium and which may be updated from time to time
(collectively, the “Agreement”).
This document is an electronic record in terms of the Information Technology Act,
2000 and rules made thereunder as may be 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.
We authorise you to view and access the Chunari Fashion Medium solely for
identifying Products and carrying out purchases of Products, therefore, grant you a
limited, revocable permission to access and use the Services.
By accepting these Terms and Conditions, you affirm that you are 18 (Eighteen) years
of age or above and are fully competent to enter into this Agreement, and to abide
by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is
assumed that he/she is using/browsing the Chunari Fashion Medium under the
supervision of his/her parent or legal guardian and that such user’s parent or legal
guardian has read and agrees to the terms of this Agreement, including terms of
purchase of Products on behalf of the minor user. Further, if you are using the
Services on behalf of a company or organisation, you represent that you have
authority to act on behalf of that entity, and that such entity accepts this Agreement.
2. USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any
combinations thereof, appearing in this site, except as otherwise noted, are
properties either owned, or used under licence, by the business and / or its associate
entities who feature on this Website. The use of these properties or any other
content on this site, except as provided in these terms and conditions or in the site
content, is strictly prohibited. You may not sell or modify the content of this Website
or reproduce, display, publicly perform, distribute, or otherwise use the materials in
any way for any public or commercial purpose without the respective organisation’s
or entity’s written permission.
3. ACCEPTABLE WEBSITE USE
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the
Web site, including, without limitation, (1) accessing data not intended for such user
or logging into a server or account which the user is not authorised to access, (2)
attempting to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization, (3)
attempting to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus or “Trojan horse” to the Website,
overloading, “flooding”, “mail bombing” or “crashing”, or (4) sending unsolicited
electronic mail, including promotions and/or advertising of products or services.
Violations of system or network security may result in civil or criminal liability. The
business and / or its associate entities will have the right to investigate occurrences
that they suspect as involving such violations and will have the right to involve, and
cooperate with, law enforcement authorities in prosecuting users who are involved
in such violations.
(B) General Rules
Visitors may not use the Web Site in order to transmit, distribute, store or destroy
material (a) that could constitute or encourage conduct that would be considered a
criminal offence or violate any applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other intellectual property rights of
others or violate the privacy or publicity of other personal rights of others, or (c) that
is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or
hateful.
4. REGISTRATION OF YOUR ACCOUNT
In order to purchase Products on the Chunari Fashion Medium and/or avail the
Services, you will have to register on the Chunari Fashion Medium. Registration is a
one-time process based on successful mobile OTP (One Time Password) verification
and you will be eligible to further access and avail the Services only after filling in the
necessary forms and details as may be required by us at the time of your registration.
For placing an order, you should login to your account by completing the successful
mobile OTP verification.
You are solely authorized to operate the account created by you. Consequently, it is
your responsibility to maintain the confidentiality of the log in credentials of your
account on the Chunari Fashion Medium and for restricting access to your
computer/mobile/other similar devices to prevent unauthorized access to your
account. You shall remain solely liable for all the actions undertaken through your
account.
You will: (a) immediately inform us of any unauthorized use of the account or any
other security breach; and (b) ensure that you log out of your account at the end of
each session. We, our employees, agents, directors and officers will not be liable for
any loss or direct or indirect damage arising from your failure to comply with these
Terms of Use. You may be held liable for any losses incurred to us or any other user
due to unauthorized use of their account by you. We reserve the right to refuse
access to the Chunari Fashion Medium, terminate accounts, remove or edit content
at any time without notice to you.
5. COMMUNICATION AND UNSUBSCRIPTION
By accepting the Terms of Use, you also accept to receive news, updates, offers/
campaign related SMS, to the mobile phone number provided by you. By accessing
and using the Chunari Fashion Medium and/ or verifying your contact number with
us, you explicitly consent to receive such communications (through call, SMS, email
or other digital and electronic means) from us and/or our authorized representatives
regarding any new services or offerings, even if your contact number is registered
under the DND/NCPR list under the Telecom Commercial Communications Customer
Preference Regulations, 2018.
You can unsubscribe/ opt-out from receiving marketing/ promotional
communications, newsletters and other notifications from us at any time by
following the instructions set out in such communications.
6. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
We will try to ensure that all information and recommendations, whether in relation
to the Products, Services, offerings or otherwise (hereinafter “Information”)
provided as part of this Chunari Fashion Medium is correct at the time of inclusion
on the Chunari Fashion Medium. We do not guarantee the accuracy of the
Information. We make no representations or warranties as to the completeness or
accuracy of Information.
You agree that Information is being supplied to you on the condition that you will
make your own determination as to the suitability of such information for your
purpose prior to use or in connection with the making of any decision. No
Information on the Chunari Fashion Medium shall constitute an invitation to invest
in us or any affiliates. Any use of this Chunari Fashion Medium or the Information is
at your own risk. Neither we, our affiliates, nor their officers, employees or agents
shall be liable for any loss, damage or expense arising out of any access to, use of, or
reliance upon, this website, the Information, or any third-party website linked to this
Chunari Fashion Medium. We are not responsible for the content of any third-party
sites and do not make any representations regarding the content or accuracy of
material on such sites. If you decide to access links of any third-party platforms, you
are doing so entirely at your own risk and expense.
As means to assist the users in identifying the Products of their choice, we provide
visual representations on the Chunari Fashion Medium including graphics,
illustrations, photographs, images, videos, charts, screenshots, infographics and
other visual aids. While reasonable efforts are made to provide accurate visual
representation, we disclaim any guarantee or warranty of exactness of such visual
representation or description of the Product, with the actual Product ultimately
delivered to users. The appearance of the Product when delivered may vary for
various reasons.
While reasonable efforts are made to provide accurate price of the products
representation, we disclaim any guarantee or warranty of exactness of such price
description of the Product as the price is subjected to change due to external factors.
Nothing contained herein is to be construed as a recommendation to use any
Product, process, equipment or formulation, in conflict with any patent, or
otherwise and we make no representation or warranty, express or implied that, the
use thereof will not infringe any patent, or otherwise.
We do not covenant or provide any representations and warranties:
in respect of quality, suitability, accuracy, reliability, performance, safety,
merchantability, fitness for a particular purpose/consumption or the content
(including Product or pricing information and/or specifications) on Chunari Fashion
Medium;
that the Services will be made available at all times; and
that the operation of Chunari Fashion Medium, including the functions contained in
any content, information and materials on Chunari Fashion Medium or any thirdparty sites or services linked to Chunari Fashion Medium will be uninterrupted, or
that the defects will be rectified, or that Chunari Fashion Medium or the servers that
make such content, information and materials available are free of viruses or other
harmful components.
This Chunari Fashion Medium and the services are provided to you on an “as is” and
“where is basis” without any representations or warranties. We, for ourselves and
any third party providing materials, services, or content to this website, make no
representations or warranties, either express implied, statutory or otherwise, of
merchantability, fitness for a particular purpose, or non infringement of third party
rights with respect to the Chunari Fashion Medium, The information, or any products
or services to which the information refers. We will not be liable to you for any third
party for any damages of any kind, including but not limited to, direct, indirect,
incidental, consequential or punitive damages, arising from or connected with the
site, including but not limited to, your use of this site or your inability to use the site,
even if we have previously been advised of the possibility of such damages.
Disclaimer -To the extent permitted by applicable law, We, our officers, agents,
employees and proprietor, disclaim any liability against any loss, damage, expenses,
liabilities, claim, injury caused due to the failure of performance, omission, defect of
products, or deletion, interruption, error, delay, virus, communication, unauthorized
access, theft, destruction, alteration or use of records on the Chunari Fashion
Medium.
7. INDEMNITY
The User unilaterally agree to indemnify and hold harmless, without objection, the
firm, its officers, employees and agents from and against any claims, actions and/or
demands and/or liabilities and/or losses and/or damages whatsoever arising from or
resulting from their use of Chunari Fashion Medium in or their breach of the terms.
8. LIABILITY
User agrees that neither Chunari Fashion (herinafter referred as ‘firm’) nor its group
companies/firm’s, officers or employee shall be liable for any direct or/and indirect
or/and incidental or/and special or/and consequential or/and exemplary damages,
resulting from the use or/and the inability to use the service or/and for cost of
procurement of substitute goods or/and services or resulting from any goods or/and
data or/and information or/and services purchased or/and obtained or/and
messages received or/and transactions entered into through or/and from the service
or/and resulting from unauthorized access to or/and alteration of user’s
transmissions or/and data or/and arising from any other matter relating to the
service, including but not limited to, damages for loss of profits or/and use or/and
data or other intangible, even if firm has been advised of the possibility of such
damages.
User further agrees that firm shall not be liable for any damages arising from
interruption, suspension or termination of service, including but not limited to direct
or/and indirect or/and incidental or/and special consequential or/and exemplary
damages, whether such interruption or/and suspension or/and termination was
justified or not, negligent or intentional, inadvertent or advertent.
User agrees that firm shall not be responsible or liable to user, or anyone, for the
statements or conduct of any third party of the service. In sum, in no event shall
total liability of the firm to the User for all damages or/and losses or/and causes of
action exceed the amount paid by the User to firm, if any, that is related to the cause
of action.
9. DISCLAIMER OF CONSEQUENTIAL DAMAGES
In no event shall the Firm or any parties, organizations or entities associated with the
corporate brand name us or otherwise, mentioned at this Website be liable for any
damages whatsoever (including, without limitations, incidental and consequential
damages, lost profits, or damage to computer hardware or loss of data information
or business interruption) resulting from the use or inability to use the Website and
the Website material, whether based on warranty, contract, tort, or any other legal
theory, and whether or not, such organization or entities were advised of the
possibility of such damages.
To the extent permitted by applicable law, We, our officers, agents, employees and
directors, disclaim any liability against any loss, damage, expenses, liabilities, claim,
injury caused due to the failure of performance, omission, defect of products, or
deletion, interruption, error, delay, virus, communication, unauthorised access, theft,
destruction, alteration or use of records on the Chunari Fashion Medium.
10. APPLICABLE LAW AND JURISDICTION:
These Terms of Use are governed by and to be interpreted in accordance with laws
of India, without regard to the choice or conflicts of law provisions of any jurisdiction.
You agree, in the event of any dispute arising in relation to these Terms of Use or any
dispute arising in relation to the Chunari Fashion Medium whether in contract or tort
or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for
the resolution of all such disputes.
11. PRODUCT AVAILABILITY
We list availability information for the Products on the relevant webpage of Chunari
Fashion Medium. Beyond what we say on that webpage or otherwise on Chunari
Fashion Medium, we cannot be more specific about availability. Please note that
dispatch estimates are not guaranteed and should not be relied upon as such. As we
process your order, you will be informed by e-mail and/or mobile SMS if any
Products you order turn out to be unavailable or out of stock.
12. PRODUCT PRICING
All prices that are listed/displayed on Chunari Fashion Medium, are inclusive of all
applicable taxes. Products in your shopping cart of Chunari Fashion Medium will
reflect the most recent price as displayed on the Product’s information webpage on
Chunari Fashion Medium. Please note that this price may differ from the price shown
for the Product when you first placed it in your shopping cart. Placing a Product in
your shopping cart does not reserve the price shown at that time. It is also possible
that a Product’s price may decrease between the time you place it in your shopping
cart and the time you place the order.
13. LICENSES
You acknowledge that there may be licenses/permissions required under the
applicable laws to use, purchase or otherwise possess certain Product(s). You will be
solely responsible for obtaining such licenses/permissions and complying with the
terms of such licenses/permissions.
14. TAXES
You shall be responsible for payment of all fees/costs/charges associated with the
purchase of Products from us and you agree to bear any and all applicable taxes.
15. LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and ordered by a court of
competent jurisdiction pursuant to a claim by you or person acting on your behalf,
shall extend beyond the money charged from you for purchases made pursuant to
an order under which such liability has arisen and been established. We will not be
responsible for any business loss (including loss of profits, revenue, contracts,
anticipated savings, data, goodwill or wasted expenditure) or any other indirect or
consequential loss that is not reasonably foreseeable to both you and us when a
contract for the sale of Product by us to you was formed.
16. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations
if the delay or failure arises from any cause which is beyond our reasonable control.
17. WAIVER
No provision in these Terms of Use will be deemed waived and no breach excused,
unless such waiver or consent is in writing and signed by us. Any consent by us to, or
waiver of your breach, whether expressed or implied, will not constitute consent to,
waiver of, or excuse for any other different or subsequent breach.
18. SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to
be unenforceable under applicable law, then such provision will be excluded from
these Terms of Use and the remainder of these Terms of Use will be interpreted as if
such provision were so excluded and will be enforceable in accordance with its terms;
provided however that, in such event, these Terms of Use will be interpreted so as to
give effect, to the greatest extent consistent with and permitted by applicable law,
to the meaning and intention of the excluded provision as determined by such court
of competent jurisdiction.
19. AMENDMENT
These Terms of Use are subject to amendments and modifications and may be
updated from time to time, without any advance notice. You are requested to
regularly review the Terms and Conditions on the Chunari Fashion Medium.
Your relationship with the Chunari Fashion Medium will be governed by the most
current version of these Terms and Conditions, as published on the Chunari Fashion
Medium. If any of these conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not affect the
validity and enforceability of any remaining condition.