Terms and Conditions
In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
a. The website www.ifandBut.co.in[u1] (hereinafter referred to as ‘Website’), owned by Prayaas Fashion Out of Focus LLP, a Limited Liability Partnership Firm registered under the Limited Liability Partnership Act 2008, having its registered office at Plot 859, GF , Friends Society , Sector 12 , Vasundhara , Ghaziabad -201012, India, represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
b. For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires:
- i. "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website by logging into the Website. The Website also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
ii. "We", "Us", "Our" “Firm” shall mean Prayaas Fashion Out of Focus LLP.
iii. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it.
iv. “Agreement Period” shall refer to the period for which the User engages the services of the Website.
v. “Services” shall mean the services provided for by the Firm on the Website.
vi. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Firm.
c. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
f. If You do not agree with any of these terms, please discontinue using the Website.
g. We hold the sole right to modify the Agreement without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Agreement and stay updated on its requirements. If You continue to use the Website or avail any of its Services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon Your compliance with the Agreement, including but not limited to compliance with the Agreement even after alterations, if any.
The Website is an online boutique which aims at bridging the needs of the customers with regards to apparel and lifestyle products exclusively for women. The Website displays a wide range of products catering to the Customers. The Website helps to choose the products of their choice without much effort. Once the Customer places an order of his choice, We would ship the product to You.
2. HOW SITE OPERATES
The Website is an online e-commerce store where the Customers can place his order of choice which he intends to buy. Once the Customer confirms the order and We receive the order with the payment, We start the process to deliver the product so chosen to You in the address provided by You at the time of placing the order.
3. ACCOUNT REGISTRATION
Registration on the Website is not mandatory. The Users have an option of registering with the Website, which would help them in buying the products faster than usual. The Users shall be from any category and geographical locations. The Users have an option of registering with the Website, which would help them in buying the products faster than usual. You may access the services by signing in as User by providing the following information which shall include but not be limited to Name, Address with Postal Code, Mobile Number, Email id etc. The Website uses Facebook and Google platforms as a medium for signing up, or signup directly. The User data collected by the Website shall be through the above mediums which will be provided by the intended User through their Facebook or Google profile. However, kindly note that the manner in which Facebook and Google uses, stores and discloses your information is governed solely by its policies, and the Website bears no liabilities/responsibility for its privacy practices and/or other actions of any third party site or service that may be enabled within the Service.
Registration for this Website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian/or legal guardians approval and the Firm reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website without the consent.
Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
5. EXACTNESS OF THE PRODUCT
The images of the products on the website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that Your computer's display of the colours accurately reflect the colour of the product. Your products may vary slightly from those images. All sizes and measurements of products are approximate; however We do make every effort to ensure they are accurate as possible. We take all reasonable care to ensure that all details, descriptions and prices of products are as accurate as possible.
The prices of the products are fixed and are visible to the Users right beside the product. Price variation subsequent to order placement may occur in rare cases like order placement by User and price modification on the Website taking place simultaneously (before User proceeds to checkout)
The membership of this Website is free and this includes the browsing of the Website. However, we reserve the right to amend the charges for the services rendered. In such situations, the Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website.
The Firm reserves the right to amend the fee policy for use of the Website, the download of the application and the charges for any or all Services rendered. In such an event, the User will be intimated of the same when it attempts to access the Website, and the User shall have the option of declining to avail the Services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
7. MODE OF PAYMENT
The following payment options are available on the Website:
a) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card, Mastero & Amex Card networks;
b) Visa, Master Card, Rupay, Mastero Debit cards;
c) Net banking/Direct Debit payments from select banks.
d) CC Avenue
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Mastero /Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard Secure Code) or any other applicable provider in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Firm.
The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Firm has no control over the same. To successfully subscribe on the Website, the User is required to complete the transaction by making the payment for the services opted for.
You will be given various options for delivery of Product during the order process. The options available to you will vary depending on where you are ordering from. An estimated delivery time is displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you by e-mail and SMS. However, we will not be able to compensate for any mental agony caused due to delay in delivery.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website, including but not limited to downloading content and availing its service partner’s service.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Firm / Website in any manner.
11. USER’S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
a. You hereby certify that You are at least 18years of age.
b. You agree to ensure the email address provided in Your account registration is valid at all times and shall keep Your contact information accurate and up-to-date.
c. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
d. You undertake not to:
i. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
ii. access (or attempt to access) the Website and/or the materials or services by any means other than through the interface that is provided by the Website . The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or , materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
iii. use the Website or in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Firm’s Services; (ii) any other party's use and enjoyment of Firm’s Services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
iv. use the Services or materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
v. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the );
vii. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's mobile phone;
viii. download any file posted on the Website that You know, or reasonably should know, cannot be legally distributed in such manner;
ix. probe, scan or test the vulnerability of the Website or any connected network , nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website , or exploit the Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the ;
x. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers or networks connected to or accessible through the Website or any affiliated or linked s;
xi. use the Website or any material or Content for any purpose that is unlawful or prohibited by these Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other Third Parties;
xii. violate any applicable laws or regulations for the time being in force within or outside Your home country;
xiii. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiv. Publish, post, disseminate, any information which 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
xv. threaten the unity, integrity, defence, security or sovereignty of Your home country, 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;
disseminate information through the Website that
is false, inaccurate or misleading, or violate any applicable laws or
regulations for the time being in force in or outside Your home country.
a. All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for Your personal, non-commercial use.
b. You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
13. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact Us at email@example.com . Information and Content provided by the User by providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration, You represent and warrant:
i. You own or otherwise have all necessary rights to the content You provide and the rights to use it as provided in this Agreement;
ii. all information You provide is true, accurate, current and complete, and does not violate these Agreement; and
iii. the information and Content shall not cause injury to any person or entity. Using a name other than Your own legal name is prohibited.
You authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website, and to use Your name and any other information in connection with its use of the material You provide. You also grant the right to use any material, information, contained in any communication You send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to You.
a. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
b. The Website has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.
c. Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website.
You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage You to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new Services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
a. You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to :
i. Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
iii. Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
b. You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
16. DISCLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated on the Website, all services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) The User agrees and undertakes that he is accessing the Website and transacting at his/her sole risk and that he is using his/her best and prudent judgment before availing any service listed on the Website, or accessing/using any information displayed thereon.
c) The User agrees that any kind of information, resources, activities, recommendations obtained/availed from website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other Users on the Website and the Website doesn’t make any warranty about the conduct of Users on the Website.
d) The Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
e) The Website may avail services from third party or may provide links for sharing Our content on Facebook, Twitter or other such third party websites, this is done to serve you better and these services will be provided on “as is” basis and the Website disclaims any liabilities resulting from these third party services. The Website will not be responsible for any internet delays and damages caused by such problems. We also disclaim all liabilities and take no responsibility for the content that may be posted on such third party websites by the users of such websites in their personal capacity on any of the above mentioned links for sharing and/or listing purposes as well as any content and/or comments that may be posted by such user in their personal capacity on any official webpage of www.ifandBut.co.in on any social networking platform.
f) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
17. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Firm reserves the right to decide the final mediator. The decision of the mediator is binding on both parties.
b. Stage 2: Arbitration. In case that mediation does not yield a suitable result or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Ghaziabad, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Ghaziabad, India. The exclusive jurisdiction and venue for actions and disputes may be as mentioned above, and You hereby submit to the jurisdiction of such courts.
19. MISCELLANEOUS PROVISIONS:
a. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
c. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
d. Liability: The Firm shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.