Terms of Use

You (“you”or “End User”or “your”or “Buyer”or “Customer”) are required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms and Conditions”or “TERMS AND CONDITIONS”or “Terms”or “Agreement”) and the linked Privacy Policy, before you may use www.indiatex.in. The Site allows you to browse, select and purchase Clothing and Accessories (“Goods”or “Products”or “Services”).

Your use of this website www.indiatex.in (hereinafter referred to as the “Site”) and its related sites, services and tools, implies that you agree to the TERMS AND CONDITIONS governing it. These TERMS AND CONDITIONS are applicable upon acceptance and regulates the relationship between you and Indiatex, a company incorporated under Companies Act, 1956 with its registered office at Indiatex Private Limited, Greater Noida, UP, India (hereinafter the “Company”), including the sale and supply of any Products on the Site. Should these TERMS AND CONDITIONS conflicts with any other document, these TERMS AND CONDITIONS will prevail for the purposes of usage of the Site. If you disagree with any of the clauses in the TERMS AND CONDITIONS and the Privacy Policy, you may not use the Site in any way. For the purposes of these TERMS AND CONDITIONS, the term ‘Accept’shall mean that you agree when you clicking on ‘check box’and on the ‘continue button’on the registration page or any other actions that imply your acceptance.

The Company reserves the right to amend this Agreement and/or the Privacy Policy at any time by posting a revised version on the Site. You shall be notified regarding all updates and amendments through posts on website or through e-mail. The revised version shall be effective as soon as we post it on the Site, and your continue usage of our Site implies your agreement to the revised TERMS AND CONDITIONS and Privacy Policy.

Additionally, if the revised version of this Agreement incurs a Substantial Change, you will be provided with 30 days’prior notice of such Substantial Change according to your Notification Preferences. We advise you to regularly check for any amendments or updates to the terms and conditions contained in this Agreement. For this Agreement, the term “Substantial Change”implies a change that materially reduces your rights or increases your responsibilities.

Please go through these terms and conditions carefully. Be informed that these terms & conditions, along with the modifications and amendments from time to time, are a binding contract between the company and you. Your visit, use, or shopping at the site (or any future site operated by the company), means that you accept these terms and conditions. In addition, your use of any present or future services of the company or purchase from a affiliate business of the company or third party vendors, which may or may not be included in the site, you will be subject to the guidelines and conditions applicable to such services or service provider. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.

If Terms and Conditions conflicts with any other document, these Terms and Conditions will prevail for the purposes of usage of the Site. As a prerequisite for purchase, the Site seeks your permission to send you administrative and promotional emails. By agreeing to this condition, you permit us to send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. To opt out of promotional emails, click the UNSUBSCRIBE link at the bottom of any of our email correspondences. Refer to our Privacy Policy for details. We shall in no way be responsible for any promotional emails or SMS/MMS sent to you. The offers in the promotional emails or SMS/MMS are liable to change at any time, subject to sole discretion of the Company, where the Company is not answerable to provide any information regarding the same. When you place an order, it implies your agreement to standard Site restrictions, item or product specific restrictions, and to the terms and conditions mentioned below. By creating an account in order to purchase any product from the Site, you get easy access to your orders and view your past purchases.

The Site/Company undertakes no responsibility for third party vendors and their services or products. The Company offers no warranty to users for quality, safety or other aspect of a product or service supplied by a Merchant for services or activities arising out of their hazardous use and the user is responsible for his or her own actions in utilising those services.

 

DESCRIPTION OF SERVICES

We provide users access to clothing and accessories that can be purchased at the price mentioned on the site.

GENERAL

By using this Site, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. This Agreement sets the terms and conditions for the use of the Site by the User. The right to use the Site is reserved for the User alone and is non-transferable to any other person or entity. Protecting the password(s) is the responsibility of the User. While we offer to provide the most secure online shopping experience, in case of service or events beyond control of the Company, the Company shall not be responsible for data loss while transmitting information on the internet. Even with the best intentions of making the Site accessible 24 hours per day, 7 days per week, it may be unavailable for various reason such as, routine maintenance and server traffic. In agreeing to the terms and conditions, you acknowledge that access to the Site may be interrupted, suspended or terminated from time to time due to circumstances both within and outside of the control of the Company. We have the right to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use, without any notice. There is a possibility that the Company may discontinue disseminating any information, change or eliminate any distribution method and may change speed or signal specifications.

 

MEMBERSHIP ELIGIBILITY

The Site is open to those persons only who can form legally binding contracts under Indian Contract Act, 1872. Persons "incompetent to contract" within the meaning of the Indian Contract Act, 1872 —minors, un-discharged insolvents etc. are ineligible for use of Site. Such people may not register as a member of the Site and shall not sell, purchase or bid for any items on the Site. Alegal guardian or parents of a minor may make a purchase on the dependant'd behalf by registering themselves a s a user. We retain the right to discontinue your membership and refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.

 

YOUR ACCOUNT

In order to use the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. It is assumed that the information you provide is true, accurate, current and complete, as required by the Site's registration form. If you provide untrue, inaccurate, not current or incomplete information, or the information becomes untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). For the use of the Site, the onus of maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult, lies with you. You are responsible for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise, shall not be entertained by the us. For this, we recommend that you sign out from your account at the end of each session. Notify us immediately of any unauthorised use of your account or any breach of security. For whatever reason, we reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion

To access and use password protected and/or secure areas of the Site, you need to be an authorised user. Unauthorised individuals attempting to access these areas of the Site are liable to prosecution.

 

YOUR INFORMATION (OR ANY ITEMS LISTED):

"Your Information" is any or all of the information that you provide to us or other users of the Site during the registration process, in the feedback area, bulletin board, chat service etc. or through any E-mail feature. You are solely responsible for information you provide in 'Your Information', and in keeping with some features of the Site we may only act as a passive channel for online distribution and publication of Your Information.

The bold text that follows is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, Agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: (a) belongs to another person and to which You does not have any right to; (b) 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; (c) harm minors in any way;(d) infringes any patent, trademark, copyright or other proprietary rights (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation. (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

The Site may enable Users to send email messages to other Users and non-users, and to post comments and messages on the Site. We are under no obligation to review any messages, information or content posted on the Site by users and are not responsible or liable for any such Postings. Despite the above, We may monitor the Posts on the Site and may decline to accept and/or remove any email or Postings that violate the provisions of this Clause. To enable us to use the information you give us, you grant us non-exclusive, global, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, related to Your Information. Your Information will be used only in accordance with this Agreement and/or our Privacy Policy.

 

EQUIPMENT

It shall be up to the The User to obtain and maintain telephone, computer hardware and other equipment required to use the Site and all related charges. Any damages incurred due to the usage of the Site are not the responsibility of the Company.

 

COLORS

Despite every possible effort to display colours of our products as accurately as possible, computer monitors vary and we cannot guarantee that your monitor's display of colours will be completely accurate.

 

ELECTRONIC COMMUNICATIONS

By using the Site to send emails or other data to communicate with us, You agree and understand that You are using electronic records and consent to receive communications via electronic records from us periodically. Our communication through email or electronic record on our Site which will be deemed as service of notice. 

 

LICENSE AND SITE ACCESS

By granting you limited license to access, we allow you to make use of the Site and the Service, and this does not include any downloading or copying of account information for the benefit of another vendor or any other third party. You are not permitted to indulge in caching, unauthorised hypertext linking, uploading, posting, or transmitting content that is not rightfully your own property. By uploading, posting, or transmitting any material that contains malware, software viruses or any other computer code, files or programs that can cause interruption, destruction or limits the functionality of computer software or hardware or telecommunications equipment, you are liable to be barred from using the Site or its services. Loading the infrastructure unnecessarily or using data mining, robots, or similar data gathering and extraction tools or trying to bypass any measures used by us to prevent or restrict access to the Site may also lead to termination of permission or license granted by us for usage of the Site and its Services.

 

LINKS

We undertake no responsibility for links to other World Wide Web sites or resources on the Site or on third party sites and in no way endorse any content, advertising, products or other materials on such sites or resources. Any damage or loss caused or alleged in connection with use of or reliance on any such content, goods or services available on or through any such site or resource is not our liability or responsibility in any manner.

 

PRICING INFORMATION IN CASE OF SALE BY US

Our prices are the best that we can offer and we do not claim that they will be the lowest in the region. We have the right to change the prices at any time and without any notice and shall be determined solely at our discretion. There is no comparison with other products or services of the same or similar kind elsewhere. Although we take utmost care that we give out the most accurate information regarding products and prices, inadvertent errors in typography relating to pricing or product description may occur. In such an event, we may contact you for instructions or cancel your order and notify you of such cancellation. We may modify the price of any product and contact you regarding follow-up of the same using e-mail or telephone that you provide during the registration. Payments shall be debited to your credit card when we process your order and in case we cancel your order after processing it, the amount shall be refunded to your credit card account. When you opt for Cash on Delivery (COD), refunds will not be entertained.

 

GENERAL

None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement. This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof. In the Company’s sole discretion, it may transfer its rights and obligations (under this Agreement without your prior express consent. If you breach this Agreement, and the Privacy Policy or the documents they incorporate by reference and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the aforesaid. The Company reserves the right to terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.

 

ARBITRATION

If any dispute arises between you and the Company during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

 

GOVERNING LAW

This Agreement, and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the courts at Uttar Pradesh.