Terms and Conditions

 

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This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use IMFASHINI website or mobile application or enter into transactions for IMFASHINI products, including any subdomains, webpages or extension of IMFASHINI; you hereby agree and acknowledge to be bound by the terms of this User Agreement.

The use of IMFASHINI and the services provided by us are subject to the rules and regulations, policies, notices, terms& conditions set forth in this User Agreement. For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of IMFASHINI by accessing or browsing the Website and/or has registered as a member of IMFASHINI by submitting identification information/ registration details using the computer system of IMFASHINI and by accepting the electronic record of the User Agreement, has obtained a unique username along and password to access IMFASHINI.

  • Definitions
    • Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) IMFASHINI authorised Payment Gateway Facility or (ii) IMFASHINI has permitted and the buyer has opted to deposit the Transaction Price in the bank account of IMFASHINI by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of IMFASHINI within three [3] days of booking the Transaction.
    • Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available at the sole discretion of IMFASHINI and IMFASHINI in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available.
    • Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by IMFASHINI).
    • In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by IMFASHINI) have been dispatched.
    • Dispatch Details means the true, accurate and valid data, information, details or documents as specified by IMFASHINI from time to time, which the seller/ Logistics Partner is obligated to provide to IMFASHINI as proof that the item has been Dispatched and/or Delivered, as the case maybe.
    • Information means and shall include any confidential and/or personally identifiable information or other information provided to IMFASHINI or other Users of IMFASHINI at the time of registration, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information.
    • Logistics Partner shall mean reputable logistics and courier company(s) appointed by IMFASHINI that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that IMFASHINI may require.
    • Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items on IMFASHINI.
    • Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
    • Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any recognized issuing bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
  • Eligibility

IMFASHINI may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use IMFASHINI website, mobile application or other forms of access to IMFASHINI.

A minor and/or unauthorized person is not allowed to access or register as a User or sell or purchase any items on IMFASHINI. By agreeing to these terms the User represents that it is not a minor.

If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

  • Registration and Communication

By registering on IMFASHINI, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by you, on the contact details provided by you. Any kind of legal implication raised, due to the incorrect nature of the details provided by you, IMFASHINI will not be held responsible for the same.

You agree that your sole purpose of registering or using IMFASHINI is to buy its products including all such products as may be specifically notified on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use IMFASHINI for any other purpose.

You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on IMFASHINI. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on IMFASHINI to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or IMFASHINI has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, IMFASHINI reserves the right to indefinitely suspend or terminate or block your use or access to IMFASHINI in any manner whatsoever.

Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on IMFASHINI. You further agree that your use of IMFASHINI or provision of any data or information including any correspondence (by email or otherwise) to or by IMFASHINI is through electronic records and you consent to receive communication from IMFASHINI via electronic records which will be deemed adequate service of notice/ electronic record.

  • Terms of Use

You understand and agree that all items advertised and/or listed on IMFASHINI are subject to actual size, colour, measurements. Best effort is made by IMFASHINI to ensure the contents are advertised and listed correctly but minor variations will not be the responsibility of IMFASHINI. You also give permission to IMFASHINI to store details and records of your usage of IMFASHINI indefinitely. However, this does not constitute any obligation on the part of IMFASHINI to do so.

Currently the membership on IMFASHINI is free and IMFASHINI does not levy any charges/fees for browsing or buying on IMFASHINI. IMFASHINI reserves the right to introduce new services or modify the existing services provided on IMFASHINI. Additionally, IMFASHINI at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of IMFASHINI shall be posted on IMFASHINI website and mobile application and such changes shall automatically become effective immediately after they are posted.

All fees/ charges shall be quoted in Indian Rupees and shall be payable to IMFASHINI within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of IMFASHINI and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, IMFASHINI reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with IMFASHINI and disallow access to IMFASHINI. IMFASHINI also reserves the right to take any legal action against you in case of any non- payment of charges/fees to it.

You agree that IMFASHINI may appoint any third party service provider, including but not restricted to one or more of its affiliate to provide backend operations and support as instructed by it from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.

Any information provided by you or submitted to IMFASHINI or provide or display to other Users of IMFASHINI in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and IMFASHINI is merely a platform where such information is distributed, published, displayed or used by Users. IMFASHINI is not liable for accuracy, appropriateness or legality of such information.

  • Delivery information

Delivery shall be made by IMFASHINI using third party Logistics Partner to be appointed at the sole discretion of IMFASHINI. All deliveries where applicable shall be made on a best efforts basis, and while IMFASHINI will endeavor to deliver the products on the dates intimated, IMFASHINI shall not be responsible for any delay in the delivery of the Products. IMFASHINI shall not be liable for any damage to the product in transit due to mishandling by the Logistics Partner. IMFASHINI disclaims any claims or liabilities arising from any delay in delivery. On behalf of IMFASHINI, a nominal fee may be charged on all orders. The charges can be viewed at the time of placing the order and in all order related emails. This delivery charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped

The Logistics Partner supported by IMFASHINI will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts, IMFASHINI reserves the right to cancel the order(s) at its discretion.

An estimated delivery time shall be 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 inter alia:

1. Bad Weather
2. Flight Delays
3. Political Disruptions
4. Other Unforeseen Circumstances

In the event any delay in delivery of a product is expected, IMFASHINI may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of IMFASHINI. IMFASHINI shall not be held responsible and will bear no liability in case of failure or delay of delivering the products including any damage or loss caused to the products.

In case a User purchases multiple products in one transaction, IMFASHINI may deliver the same together. However, this may not always be possible and shall be subject to availability of stock and any other conditions.

If a User wishes to get delivery to different addresses, then the User shall be required to purchase the products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.

IMFASHINI shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time and the cancellation policy shall apply.

  • Cancellation

In the event of detecting any suspicious activity, IMFASHINI reserves the absolute right to cancel all past, pending and future orders without any liability. IMFASHINI also reserves the right to refuse or cancel orders in scenarios like inaccuracies in the pricing of product on the website or mobile application and stock unavailability. IMFASHINI may also require additional verifications or information before accepting any order. IMFASHINI may 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 canceled after your card has been charged, the said amount will be reversed to your account. Any promotional voucher used for the canceled orders may not be refunded. Further, in case of suspicious transactions, IMFASHINI reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity.

The User may be considered fraudulent if inter alia any of the following scenarios are met:
1. Users don’t reply to the payment verification mail sent by the payment gateway
2. Users fail to produce adequate documents during the payment details verification
3. Misuse of another user’s phone/email
4. Users use invalid email and phone no.
5. Overuse of a voucher code
6. Use of a special voucher not tagged to the email ID used
7. Users return the wrong product
8. Users refuse to pay for an order
9. Users are involved in the snatch and run for any order

The User may be considered the loss to business if any of the following scenarios are met:
1. User with a very high return rate
2. Invalid/Incomplete address cases
3. Repeated request for monetary compensation for petty issues

Account for the Users falling in fraudulent or loss to the business category may be blocked. Any credits earned through loyalty or referral program, if any, will be forfeited in such case.

IMFASHINI  may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’ if it meets inter alia with the below-mentioned criteria, and any additional criteria as defined by IMFASHINI:
1. Products ordered are not for self-consumption but for commercial resale
2. Multiple orders placed for same product at the same address, depending on the product category
3. Bulk quantity of the same product ordered
4. Invalid address given in order details
5. Any malpractice used to place the order

Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded

A User may cancel an order within 48 hours of placing the order and the same shall be fully refunded if the order is not shipped. If the products have been shipped then the user shall not be entitled to cancel the order. Part cancellation of the order if there is more than one product shall not be permitted.

Refusal to accept delivery of an order shall not be treated as cancellation by the User and no refund shall be made in such cases.

If a User raises a complaint for partial item/partial order :
1. The Users is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.
2. An Email will be sent seeking/providing following information:

  • Short description of the case (A few questions will be asked to help us understand the scenario).
  • The snapshots of the packet and other box(If any) (Try to cover the sides which look tampered/damaged as per the      Users)
  • The refund for prepaid orders will be done after an investigation

3. The Users may not be liable for a refund if he/she falls in any of the scenarios stated below:

  • Users fails to provide adequate information about the case
  • Users fails to provide snapshots of the packet and box(if any)
  • If an opened delivery was received, pilferage claims must be made the same day
  • Users must not dispose the packaging for 3-4 days post-delivery. We might need to pick-up your packaging for investigation at our end.
  • Return and Refund Policy

All Products ordered from IMFASHINI and successfully delivered to the User by its Logistics Partner may be returned to IMFASHINI in accordance with the terms contained herein within a period of 7 days from the date of delivery of the order. A refund of the full amount shall be made if return request is made within 7 days from the date of delivery. The refund shall be processed within a period of 15 days from the receipt of the product back by IMFASHINI. There shall be no exchange of products once delivered.

Refund requests from a particular User Account shall be limited to 5 in one calendar month.

However no products will be accepted by IMFASHINI if

(a) the Products have been damaged by the User

(b) if there is a change in the quality, quantity or other characteristics of the Product

(c) if as per IMFASHINI the product returned is not the product that was delivered

(d) any other circumstances that IMFASHINI may deem appropriate from time to time, whether the same are specifically notified or not.

In case of returns:
1. Return/Exchange should be initiated within 7 days of order delivery.
2. The tags on the product should be intact.
3. The product should be unwashed, unused and in an undamaged condition.
4. The item needs to be returned along with the original packaging.

If the user wants to return the product within 7 days from the delivery date, a return request may be made on the website or mobile application of IMFASHINI and the product will be picked up by the Logistics Partner of IMFASHINI. Once the product is received back by IMFASHINI if it is found that the claimed shipment was not delivered to IMFASHINI or the shipment was empty, the onus shall be on the User to prove through presentation/submission of due handover to Logistics Partner to establish his/her claim of return. However, non-receipt of product by IMFASHINI may lead to no refund/exchange being issued to the User. The User waives any claims against IMFASHINI in this regard.

IMFASHINI will not be liable for the products returned by mistake. In circumstances where a product not belonging to IMFASHINI is returned by mistake, IMFASHINI is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User.

Refund shall be subject to deduction of delivery charges, courier charges and such other charges that IMFASHINI may at its own discretion deduct. In case a User does not raise a refund claim as per the User Agreement, the User shall be ineligible for a refund. In the event, the refund facility is not available in full or in part for certain products, the User shall not be entitled to a refund in respect of such products.

Refund, if any, shall be made at the same issuing bank through which the product was purchased. For cash on delivery transactions, if applicable, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details). For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.

All refunds shall be made in Indian Rupees only.

The User acknowledges that IMFASHINI will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of IMFASHINI.

All Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable.

  • User Obligations

You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:

  • belongs to another person and to which you do not have any right to;
  • 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;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  • violates any law for the time being in force;
  • deceives or misleads any party about the origin of messages or communicate any information which is grossly offensive or menacing in nature;
  • impersonate another person or use an anonymous proxy;
  • use information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • 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;
  • is known to you to be false, inaccurate or misleading;
  • is known to you to, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
  • may give rise to liability on part of IMFASHINI or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of IMFASHINI; and
  • link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under. You shall not promote any website or webpage or link on IMFASHINI.

In case of any violation of the above provisions, IMFASHINI has the right to immediately terminate the access or usage rights of the user to IMFASHINI without any notice and any such violating information that is displayed or submitted on IMFASHINI can be removed immediately and completely.

You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect IMFASHINI to restore or keep back up of your information and data and not hold the website, the mobile application or IMFASHINI accountable for any loss of data in any circumstances.

You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on IMFASHINI. You will also refrain from accessing information or databases in an unauthorized manner from IMFASHINI or servers where information or databases are kept.

You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to IMFASHINI and also for taking appropriate legal action.

In case of any transaction or attempted transaction pertaining to any item listed on IMFASHINI which is violating this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform IMFASHINI of such violation at info@imfashini.in

If you choose to provide feedback on IMFASHINI which is visible to other users, you shall exercise due care while making comments and make any comments that are factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.

You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.

You shall not place any advertisements on IMFASHINI in any manner. Further, you shall not use IMFASHINI to promote your own or any other persons business or interests.

  • Privacy Policy

All transactions are processed through any third party gateway and are not stored or processed on our servers. IMFASHINI do not store any of the payer’s payment or transaction information.

When you visit the IMFASHINI Web site or mobile application, the following information may be collected from you, either voluntarily or involuntarily.

1> Your mobile or computer or network IP address, which must be validated in order for you to access the IMFASHINI website or mobile application;
2> Your e-mail address and messages sent by you when you communicate electronically with us;
3> Your phone number and communication details shared by you for placing orders.

 

The information provided by the user on the IMFASHINI website or mobile application shall be kept confidential and shall not be shared with anyone except to the extent necessary. The data will neither be made accessible to third parties nor transferred in any form or manner unless required by law or to the extent necessary.

Information related to payments using debit or credit card is not accessed or stored by IMFASHINI.

IMFASHINI uses third part Logistics Partners to ensure delivery and returns and IMFASHINI will not be responsible for any action on part of the Logistics Partner beyond the scope of their work. Information including name, address and phone number will have to be provided by IMFASHINI to the Logistics Partner to which the User agrees not to raise any objection.

  • Disclaimers

IMFASHINI does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold on IMFASHINI. In particular, IMFASHINI does not implicitly or explicitly support or endorse the sale or purchase of any items on the website or mobile application. IMFASHINI shall not be liable for any errors or omissions, whether on behalf of itself or third parties.

You release and agree to indemnify IMFASHINI and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of IMFASHINI and specifically waive any claims that you may have in this behalf under any applicable law. IMFASHINI cannot control the information provided by other Users, which is made available on the website and/or mobile application notwithstanding IMFASHINI’s reasonable efforts in that behalf. You may find information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the website and/or mobile applications. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.

 

  • Limited liability of IMFASHINI

In no event shall IMFASHINI or its suppliers, affiliates and service providers be liable for any direct, 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 (in any manner whatsoever, including but not limited to negligence) out of or in connection with IMFASHINI, services provided by the Logistics Partner or any other services or this User Agreement.

IMFASHINI’s liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to IMFASHINI.

IMFASHINI, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of IMFASHINI’s Website or Mobile Application or the Logistics Partner will be error free and/or uninterrupted. IMFASHINI provides no guarantee to its Users in respect of the products sold on the Website or through the Mobile Application. IMFASHINI assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  • The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Mobile Application.
  • Any delay, failure, interruption or errors in the operation of IMFASHINI, Website or Mobile Application or the Logistics Partner.
  • Indemnity

You shall indemnify and hold harmless IMFASHINI and its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or your violation of any law, rules or regulations or the rights of a third party.

  • Payment

Payments for the items on IMFASHINI website and mobile application can be made by way of (i) Payment on Billing which can be made through the third party payment gateway; or (ii) Payment on Delivery wherein payment shall be made only by cash on delivery, if made applicable by IMFASHINI, or such other method of payment as may be permitted by IMFASHINI in its sole discretion. The available payment methods may vary from product to product.

For the purposes of buying from IMFASHINI, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of IMFASHINI.

You agree and accept that IMFASHINI is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

  • Consent and Privacy Policy

By using IMFASHINI website or mobile application and/or by providing your information, you consent to the collection and use of such information disclosed by you by IMFASHINI. The personal information / data including provided by You during the course of a Transaction shall be treated as strictly confidential and retained in accordance with the Privacy Policy stated herein by reference and applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules there under.

IMFASHINI does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent. You are advised not to use IMFASHINI should you disagree with the Privacy Policy.

  • BREACH

Regardless of any other remedy available to it in law, IMFASHINI may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction, cancellation of Payment, limiting activity of a User, removing listing of a User, warn other Users of your actions, refuse to provide access or initiate any legal action as it may deem fit, particularly in the event:

  • You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated herein by reference;
  • Any misuse of the IMFASHINI authorized payment gateway facility
  • Information provided by you cannot be verified or authenticated;
  • IMFASHINI reasonably believes that your actions may cause legal liability to it, or its Users.

No actions, omissions or decisions taken by IMFASHINI to pursue a remedy shall waive any rights or claims that IMFASHINI may have against the User in breach of his/ her obligations.

IMFASHINI reserves the right to recover any amounts due and owed by you to IMFASHINI and to take strict legal action including but not limited to appropriate criminal or other proceedings.

  • Grievance Redressal Mechanism

In case of any grievance, objection or complaint on your part with respect to the IMFASHINI Website, IMFASHINI or Mobile Application grievance may be raised with IMFASHINI by sending an email to info@imfashini.in

  • General

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between IMFASHINI and you and you shall have no authority to bind IMFASHINI in any manner whatsoever.

Except as explicitly stated otherwise, any notices directed to IMFASHINI shall be given by email at info@imfashini.in and any notices to you by IMFASHINI shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, IMFASHINI may give you notice by registered 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 User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.

This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between IMFASHINI and you with respect to the subject matter of this User Agreement.

IMFASHINI, at its sole discretion, shall be entitled to assign or transfer its rights and obligations under this User Agreement to any other person without your prior consent.

All remedies of IMFASHINI under this User Agreement or any other law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

  • ARBITRATION

If any dispute arises between IMFASHINI and you during your use of IMFASHINI website or mobile application or the authorised payment gateway facility or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party appointed by the mutual consent of IMFASHINI and you. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

  • GOVERNING LAW

This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Delhi shall have exclusive jurisdiction.

This document is an electronic record in terms of Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

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