Terms and Conditions
- 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 FashionMedium ) and a natural or legal person who accesses and/or uses Chunari FashionMedium 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 FashionMedium, 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 FashionMedium.
For the purposes of these Terms: (a) “Chunari FashionMedium” 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 FashionMedium as set out herein specifically govern your access and use of the Chunari FashionMedium which provides a forum for you to inter alia enable you to discover, select and buy Products listed on Chunari FashionMedium 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 FashionMedium. Every time you wish to use our Chunari FashionMedium, 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 FashionMedium or suspend the operation of the Chunari FashionMedium 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 FashionMedium indicates your agreement to these Terms of Use, the privacy policy of Chunari FashionMedium (available here: privacy policy and any other policies or guidelines that may be applicable on the Chunari FashionMedium at the time of your access and usage of the Chunari FashionMedium 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 FashionMedium 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.
- 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.
- 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.
- REGISTRATION OF YOUR ACCOUNT
In order to purchase Products on the Chunari FashionMedium 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 FashionMedium 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 FashionMedium, terminate accounts, remove or edit content at any time without notice to you.
- 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 FashionMedium 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.
- 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 FashionMedium is correct at the time of inclusion on the Chunari FashionMedium. 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 FashionMedium shall constitute an invitation to invest in us or any affiliates. Any use of this Chunari FashionMedium 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 FashionMedium. 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 FashionMedium 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 FashionMedium;
that the Services will be made available at all times; and
that the operation of Chunari FashionMedium, including the functions contained in any content, information and materials on Chunari Fashion Medium or any third-party sites or services linked to Chunari FashionMedium will be uninterrupted, or that the defects will be rectified, or that Chunari FashionMedium 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.
- 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. - 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 notlimited to, damages for loss of profits or/and use or/and data or other intangible, even if firmhas 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.
- 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 FashionMedium.
- 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.
- PRODUCT AVAILABILITY
We list availability information for the Products on the relevant webpage of Chunari FashionMedium. Beyond what we say on that webpage or otherwise on Chunari FashionMedium, 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.
- PRODUCT PRICING
All prices that are listed/displayed on Chunari FashionMedium, are inclusive of all applicable taxes. Products in your shopping cart of Chunari FashionMedium will reflect the most recent price as displayed on the Product’s information webpage on Chunari FashionMedium. 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 FashionMedium.
Your relationship with the Chunari FashionMedium will be governed by the most current version of these Terms and Conditions, as published on theChunari FashionMedium. 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.