This Aethnofit Fashions Site Terms of Use (“Site Terms of Use”) apply to the AETHNOFIT FASHIONS website located at www.aethnofitfashions.com, and all affiliated websites and applications, including mobile websites owned and operated by Aethnofit Fashions (“AETHNOFIT FASHIONS”, “we”, or “us”) (collectively, the “Site”). These Site Terms of Use describe the conditions under which users of the Site, whether registered (“Users”) or unregistered (“Site Visitors”) (collectively and individually, “you”), are allowed to access or use the Site. Please read these Site Terms of Use carefully before visiting our Site. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
All products/services and information displayed on Aethnofit Fashions constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Aethnofit Fashions reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Aethnofit Fashions prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption, the sale or purchase of which to/by minors are strictly prohibited.
Aethnofit Fashions reserves the right to terminate your membership and refuse to provide you with access to the Site if Aethnofit Fashions discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Aethnofit Fashions for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Aethnofit Fashions you agree to be bound by the Terms and Conditions.
"Your Information" is defined as any information you provide to us during the registration, purchasing, or listing processes, in the feedback area, or through any email feature. We will handle Your Information in accordance with our Privacy Policy. By using the Site, you are responsible for maintaining the confidentiality of your Account and Password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or Password. Aethnofit Fashions shall not be liable for any loss or damage arising from your failure to protect your password or account. If you become aware or suspect that someone else has obtained your password, you must notify us immediately. If Aethnofit Fashions believes there may be a security breach or misuse of the Site, we may require you to change your password or suspend your account, without any liability to Aethnofit Fashions.
You further agree to:
While Aethnofit Fashions strives to provide accurate product and pricing information, pricing or typographical errors may occur. Aethnofit Fashions cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Aethnofit Fashions shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis––-priced, Aethnofit Fashions may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Aethnofit Fashions will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Aethnofit Fashions accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Aethnofit Fashions dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. We strive to provide you with the best prices. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. 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 canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
You agree, understand and confirm that the credit card details provided by you for availing of services on Aethnofit Fashions will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on Aethnofit Fashions. Your credit card information never reaches Aethnofit Fashions, we just get pass, hold or fail message from our payment gateways. The said information will not be utilised and shared by our payment gateways or Aethnofit Fashions with any of the third parties unless required for fraud verifications or by law, regulation or court order. Aethnofit Fashions will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
Aethnofit Fashions reserves the right to recover costs associated with goods, collection charges, and legal fees from individuals who use the Site fraudulently. Aethnofit Fashions also reserves the right to initiate legal action against such individuals for fraudulent use of the Site and for any other unlawful acts or breaches of these terms and conditions.
As a merchant, we shall have no liability for any loss or damage, whether direct or indirect, resulting from the decline of authorization for any transaction due to the cardholder exceeding the preset limit agreed upon with our acquiring bank from time to time.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Aethnofit Fashions reserves the right to suspend its live support service at any time without prior notice. Aethnofit Fashions and its executives shall not be liable for any delays in responding to or addressing queries via chat. Communications through the chat service may be stored by Aethnofit Fashions for its own records; customers will not have the right to access this information at a later date. During chat interactions, you are prohibited from submitting any objectionable content, including but not limited to unlawful, threatening, abusive, defamatory, or obscene material. The chat service must not be used for the sale of products, business opportunities, or any other form of solicitation. By continuing with the chat service, you agree to adhere to these terms and conditions.
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Aethnofit Fashions for redelivery shall be claimed from you. That you will use the services provided by Aethnofit Fashions, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site. You will provide authentic and true information in all instances where such information is requested of you. Aethnofit Fashions reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Aethnofit Fashions has the right in its sole discretion to reject the registration and debar you from using the Services of Aethnofit Fashions and / or other affiliated websites without prior intimation whatsoever. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. That before placing an order you will check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description.
You are prohibited from:
Aethnofit Fashions may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Aethnofit Fashions. You should regularly review the Terms & Conditions on Aethnofit Fashions. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
We reserve the right to investigate any potential violation of any of the terms of use Agreement or any other potential violation of these Site Terms of Use and to remove, disable access to, or modify any content on the Site. We do not guarantee we will take action against all breaches of the Terms of Service, and our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This User Agreement shall be governed by and construed in accordance with the laws of India. The courts in Mumbai shall have exclusive jurisdiction over any disputes or proceedings arising from this agreement.
Any disputes or differences, whether relating to interpretation or otherwise, concerning any terms of this User Agreement shall be referred to an independent arbitrator appointed by Aethnofit Fashions. The arbitrator’s decision shall be final and binding on the parties. The arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall take place in Mumbai. The High Court of Judicature at Mumbai shall have exclusive jurisdiction over any matters arising from or related to the arbitration, and the laws of India shall apply.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to Aethnofit Fashions on or through this Site, or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, the "Comments"), shall become and remain the exclusive property of Aethnofit Fashions. By disclosing, submitting, or offering any Comments, you hereby assign to Aethnofit Fashions all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. Consequently, Aethnofit Fashions exclusively owns all such rights, titles, and interests and shall have unrestricted rights to use the Comments for any purpose, whether commercial or otherwise, without any obligation to compensate you.
Aethnofit Fashions has the right to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose, without any restriction and without compensating you in any manner. Aethnofit Fashions is under no obligation to (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments.
By submitting Comments to the Site, you represent and warrant that your Comments do not violate this policy or infringe upon any rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, and that they will not cause harm to any person or entity. You further agree that any Comments you submit will not contain any libelous, unlawful, threatening, abusive, or obscene material, nor will they contain any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
Although Aethnofit Fashions does not regularly review posted Comments, it reserves the right to monitor, edit, or remove any Comments submitted to the Site. You grant Aethnofit Fashions the right to use the name you provide in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are solely responsible for the content of any Comments you make and agree to indemnify Aethnofit Fashions and its affiliates for all claims arising from any Comments you submit. Aethnofit Fashions and its affiliates assume no responsibility and shall not be liable for any Comments submitted by you or any third party.
Aethnofit Fashions, along with its suppliers and licensors, expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content, and other materials appearing on this Site. Accessing this Site does not grant, nor should it be construed as granting, any license or rights under any of Aethnofit Fashions’ or any third party’s intellectual property rights. All rights, including copyright, associated with this website are owned by or licensed to Aethnofit Fashions or third-party suppliers. Any use of this website or its content, including copying or storing it in whole or in part, beyond personal, non-commercial use is strictly prohibited without prior permission from Aethnofit Fashions. Modification, distribution, or republication of anything on this website for any purpose is not permitted.
The logos and names associated with AETHNOFIT FASHIONS are trademarks or registered trademarks in certain jurisdictions. Any other product names, company names, marks, logos, and symbols used in connection with the services may be trademarks of their respective owners. No license or right is granted to use any trademark or service mark contained on this Site. Accessing this Site does not authorize the use of any name, logo, or mark in any manner.
All materials on this Site, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials (collectively, the "Contents"), are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials for your personal use only. No rights, title, or interest in any downloaded materials or software are transferred to you as a result of such downloading or copying. You may not reproduce (except as expressly permitted), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the Contents, the Site, or any related software, in whole or in part.
All software used on this Site is the property of Aethnofit Fashions or its suppliers and is protected by Indian and international copyright laws. The Contents and software on this Site may only be used as a shopping resource. Any other use, including reproduction, modification, distribution, transmission, republication, display, or performance of the Contents on this Site, is strictly prohibited. Unless otherwise noted, all Contents are protected by copyright, trademark, and other intellectual property laws, owned, controlled, or licensed by Aethnofit Fashions, its affiliates, or third parties who have licensed their materials to Aethnofit Fashions. The compilation, which includes the collection, arrangement, and assembly of all Contents on this Site, is the exclusive property of Aethnofit Fashions and is also protected by Indian and international copyright laws.
You acknowledge that by using this Site or any services provided on it, you may encounter content that some individuals may consider offensive, indecent, or objectionable, and such content may or may not be explicitly identified as such. You agree to use the Site and its services at your own risk, and to the fullest extent permitted by applicable law, Aethnofit Fashions and its affiliates shall not be liable to you for any content that you may find offensive, indecent, or objectionable.
You agree to defend, indemnify, and hold harmless Aethnofit Fashions, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, arising out of or related to your actions or omissions. This includes, but is not limited to, claims resulting in any loss or liability to Aethnofit Fashions or any third party due to your breach of any warranties, representations, or undertakings; failure to fulfill any of your obligations under this User Agreement; or violations of any applicable laws or regulations, including but not limited to intellectual property rights, payment of statutory dues and taxes, claims of libel or defamation, violations of privacy or publicity rights, loss of service to other users, and infringement of intellectual property or other rights. This indemnity obligation shall survive the expiration or termination of this User Agreement.
This User Agreement shall remain in effect until terminated by either you or Aethnofit Fashions. You may terminate this User Agreement at any time, provided you cease all further use of the Site. Aethnofit Fashions reserves the right to terminate this User Agreement at any time, with or without notice, and may immediately deny you access to the Site. Such termination shall be without any liability to Aethnofit Fashions.
Upon termination of this User Agreement by either party, you are required to promptly destroy all materials that have been downloaded or otherwise obtained from the Site, as well as any copies of such materials, whether made under the terms of this User Agreement or otherwise. The rights of Aethnofit Fashions to any Comments shall survive any termination of this User Agreement.
Termination of this User Agreement shall not release you from your obligation to pay for any products already ordered from the Site, nor shall it affect any liability or obligations that may have arisen under this User Agreement prior to termination.
The Site is provided on an "As Is" basis, without any warranties or guarantees of any kind. Users assume all risks associated with the use of the Site.
The Site may contain content from other internet sites or resources. While Aethnofit Fashions endeavors to ensure that the material included on the Site is accurate, reputable, and of high quality, it does not accept responsibility if this is not the case. Aethnofit Fashions shall not be liable for any errors or omissions in the content or for any outcomes resulting from the use of such information, nor for any technical issues that may arise while using the Site. This disclaimer does not apply to any product warranties explicitly provided by the product manufacturer, as specified in the product specifications. This disclaimer is an integral part of this User Agreement.
To the maximum extent permitted by applicable law, Aethnofit Fashions and its suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use of the Site, its services, or this User Agreement. Notwithstanding the foregoing, the total liability of Aethnofit Fashions to you for all claims arising out of this User Agreement, whether in tort or contract, is limited to the value of the product you ordered.
Aethnofit Fashions, its affiliates, and technology partners make no representations or warranties regarding the accuracy, reliability, completeness, correctness, or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the Site, or that the operation of the Site will be error-free or uninterrupted. Consequently, Aethnofit Fashions assumes no liability for any financial or other damages suffered by you due to delays, failures, interruptions, or corruption of any data or other information transmitted in connection with your use of the Site, or any interruptions or errors in the operation of the Site.
You are strictly prohibited from violating or attempting to violate the security of the Site, including, but not limited to, the following actions: (a) accessing data not intended for your use or logging into a server or account without proper authorization; (b) attempting to probe, scan, or test the vulnerability of any system or network, or to breach security or authentication measures without appropriate authorization; (c) attempting to interfere with the service to any user, host, or network, including, but not limited to, by submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (d) sending unsolicited emails, including promotions and/or advertisements of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Aethnofit Fashions will investigate any such occurrences and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations.
Furthermore, you agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of this Site or any activities conducted on this Site. You also agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site, other than the search engine and search agents available from Aethnofit Fashions on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
If any provision of this Agreement is found to be invalid or unenforceable under applicable law, including but not limited to, the warranty disclaimers and liability limitations stated herein, such invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the provision. The remainder of this Agreement shall remain in full force and effect. Unless otherwise specified within this document, this Agreement constitutes the entire understanding between you and Aethnofit Fashions regarding the Aethnofit Fashions sites/services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Aethnofit Fashions concerning these sites/services. The failure of Aethnofit Fashions to act on a breach by you or others does not waive its right to act on any subsequent or similar breaches.