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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the InformationTechnology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.myfavdesigners.com (“Website”).
Welcome to [MyfavDesigners] (“Company” or “Site” or “Application”). This Site is owned andoperated by MyfavDesignres Private Limited (“MyfavDesignres”). MyfavDesignres provides an onlineplatform (“Site”) for connecting Users and it does not own any Products or discharge services listedon its Site.
MyfavDesignres Private Limited is a company incorporated under the provisions of the Companies Act, 2013 with its registered office at H1-190, Harmu Housing Colony Ranchi, Jharkhand, India - 834002. You may be accessing our Site from a computer or mobilephone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. MyfavDesigners throughthe Site intends to provide its users a premium curated collection of designer wear to help the affluent fashion-conscious woman evolve her unique style. We aim to create an online experiencethat is just as indulgent as the process of buying a fashion item in store. The site will be focused on offering a curated assortment, convenience and customer service to help meet the needs of the demanding premium / luxury fashion buyer.
The Site is only to be used for your personal non-commercial use and information. Your use of theservices and features of the Site shall be governed by these Terms and Conditions (here in after “Terms of Use”) along with the Privacy Policy, Shipping Policy and Cancellation, Refund and ReturnPolicy (together “Policies”) as modified and amended from time to time.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall meanany natural or legal person who has agreed to access the Website. By mere accessing or using theSite, you are acknowledging, without limitation or qualification, to be bound by these Terms of Useand the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISEUSING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THISAGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do notagree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site.
You are responsible to ensure that your access to this Site and material available on or through it arelegal in each jurisdiction, in or through which you access or view the site or such material.
Myfavdesignres reserves the right to change the particulars contained in the Terms of Use or thePolicies from time to time and at any time, without notice to its users and in its sole discretion. IfMyfavdesignres decides to change the Terms of Use or Policies, Myfavdesignres will post the newversion of the Terms of Use or the Policies on the Site and update the date specified above. Anychange or modification to the Terms of Use and the Policies will be effective immediately from thedate of such upload of the Terms of Use and Policies on the Site. Your continued use of the Sitefollowing the modifications to the Terms of Use and Policies constitutes your acceptance of themodified Terms of Use and Policies whether or not you have read them. For this reason, you shouldfrequently review these Terms of Use, our Guidelines and Rules and any other applicable policies,including their dates, to understand the terms and conditions that apply to your use of the Site.
Myfavdesigners may use your Personal Information such as name, e-mail, postal addresses, phonenumber(s), IP addresses, product interest information and in certain circumstances, your opinionsand individual preferences, etc, (collectively “Personal Information”) collected:
You may always choose not to receive promotional materials or marketing information.
The Site is a platform that Users utilize to meet and interact with one another for their transactionsand is an online platform. Myfavdesigners is not and cannot be a party to or control in any mannerany transaction between the Site's Users.
Through this online platform, Myfavdesigners only aims to be provide the platform through whichbuyers and sellers interact and all commercial/contractual terms are offered by and agreed tobetween Buyers and Sellers independently. These include without limitation the price, shippingcosts, payment methods, payment terms, period and mode of delivery, warranties, after salesservices, replacement/returns and refunds, related to products and services. Myfavdesigners doesnot and will not have any control or does not determine or advise or in any way involve itself in theoffering or acceptance of such commercial/contractual terms between the Buyers and Sellers. Alldiscounts, offers (including exchange offers) are by the Seller/Brand and not by Myfavdesigners.
Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in theorder by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offerto buy the product(s) ordered. The Seller retains the right to cancel any such order placed by theBuyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS.Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to theBuyer. Further, the Seller may cancel an order where in the quantities exceed the typical individualconsumption. This applies both to the number of products ordered within a single order and theplacing of several orders for the same product where the individual orders comprise a quantity thatexceeds the typical individual consumption. What comprises a typical individual's consumptionquantity limit shall be based on various factors and at the sole discretion of the Seller and may varyfrom individual to individual.
Myfavdesigners is not responsible for any non-performance or breach of any contract entered intobetween the Buyers and Sellers. It does not and cannot guarantee that any transaction entered intobetween the Buyers and Sellers will be concluded by such Users and it shall not intervene in anydispute/disagreement between the Users whether through mediation or through any other meansto resolve the dispute/disagreement between the Users.
Myfavdesigners is not assuming liability and shall not be held liable in any manner whatsoever onaccount of any monetary loss or other damage suffered by the Customer for delay or failure ofdelivery, interruption, or corruption of any data or other information transmitted in connection withuse or operation of the Platform, . It shall not have any obligations or liabilities in respect of anycontract entered into by the Users and it shall not be responsible for unsatisfactory or delayedperformance of services or damages or delays as a result of Products that are out of stock,unavailable or back ordered.
The Site is a platform that Users utilize to meet and interact with one another for their transactionsand is an online platform. Myfavdesigners is not and cannot be a party to or control in any mannerany transaction between the Site's Users.
Through this online platform, Myfavdesigners only aims to be provide the platform through whichbuyers and sellers interact and all commercial/contractual terms are offered by and agreed tobetween Buyers and Sellers independently. These include without limitation the price, shippingcosts, payment methods, payment terms, period and mode of delivery, warranties, after salesservices, replacement/returns and refunds, related to products and services. Myfavdesigners doesnot and will not have any control or does not determine or advise or in any way involve itself in theoffering or acceptance of such commercial/contractual terms between the Buyers and Sellers. Alldiscounts, offers (including exchange offers) are by the Seller/Brand and not by Myfavdesigners.
Placement of order by a Buyer with Seller on the Website is an offer to buy the product(s) in theorder by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offerto buy the product(s) ordered. The Seller retains the right to cancel any such order placed by theBuyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS.Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to theBuyer. Further, the Seller may cancel an order where in the quantities exceed the typical individualconsumption. This applies both to the number of products ordered within a single order and theplacing of several orders for the same product where the individual orders comprise a quantity thatexceeds the typical individual consumption. What comprises a typical individual's consumptionquantity limit shall be based on various factors and at the sole discretion of the Seller and may varyfrom individual to individual.
Myfavdesigners is not responsible for any non-performance or breach of any contract entered intobetween the Buyers and Sellers. It does not and cannot guarantee that any transaction entered intobetween the Buyers and Sellers will be concluded by such Users and it shall not intervene in anydispute/disagreement between the Users whether through mediation or through any other meansto resolve the dispute/disagreement between the Users.
Myfavdesigners is not assuming liability and shall not be held liable in any manner whatsoever onaccount of any monetary loss or other damage suffered by the Customer for delay or failure ofdelivery, interruption, or corruption of any data or other information transmitted in connection withuse or operation of the Platform, . It shall not have any obligations or liabilities in respect of anycontract entered into by the Users and it shall not be responsible for unsatisfactory or delayedperformance of services or damages or delays as a result of Products that are out of stock,unavailable or back ordered.
We understand the importance of safeguarding your personal information and we have formulateda Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from theseTerms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use ofthe Site implies that you have read and accepted the Privacy Policy and agree to be bound by itsterms and conditions. You consent to the use of personal information by Myfavdesigners inaccordance with the terms of and purposes set forth in the Privacy Policy, the same may be subjectto amendment from time to time at the sole discretion of Myfavdesigners Fashion without anynotice.
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Siteis under the supervision of their guardians. Myfavdesigners or its associates do not knowingly collectinformation from minors. You will be responsible for maintaining confidentiality of your account,password, and restricting access to your computer, and you hereby accept responsibility for allactivities that occur under your account and password. You acknowledge that the information youprovide, in any manner whatsoever, are not confidential or proprietary and does not infringe anyrights of a third party.
If you are accessing, browsing and using the Site on someone else's behalf; you represent that youhave the authority to bind that person to all the terms and conditions here in. In the event that theperson refuses to be bound as the principal to the Terms of Use, you agree to accept liability for anyharm caused by any wrongful use of the Site resulting from such access or use of the Site.
If you know or have reasons to believe that the security of your account has been breached, youshould contact us immediately at the 'Contact Information' provided below. If we have found abreach or suspected breach of the security of your account, we may require you to change yourpassword, or suspend your account without any liability to Myfavdesigners.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Termsof Use and/or Policies are violated or if we decide, in our sole discretion, that it would be inMyfavdesigners best interests to do so. You are solely responsible for all content that you upload,post, email or otherwise transmit via the Site. The information provided to us shall be maintained byus in accordance with our Privacy Policy.
Myfavdesigners attempts to be as accurate as possible in the description of the product on the Site.However, Myfavdesigners does not warrant that the product description, colour, information orother content of the Site is accurate, complete, reliable, current or error-free. The Site may containtypographical errors or inaccuracies and may not be complete or current. The product pictures areindicative and may not match the actual product.
Myfavdesigners does not make any representation or warranty as to specifics, such as quality, value,saleability, quantity, completeness, accuracy, legal title etc. of the products or services proposed tobe sold or offered to be sold or purchased on the Site. Myfavdesigners does not implicitly orexplicitly support or endorse the sale or purchase of any products or services on the Site and it shallnot be liable for any actions arising out of any errors, omissions, negligence or any other actions,whether on behalf of itself or third parties.
Myfavdesigners reserves the right to correct, change or update information, errors, inaccuracies oromissions at any time (including after an order has been submitted) without prior notice. Pleasenote that such errors, inaccuracies or omissions may also relate to pricing and availability.
The products and services available on the Site, and the samples, if any, that Myfavdesigners mayprovide you, are for your personal and/or professional use only. The products or services, or samplesthereof, which you may receive from us, shall not be sold or resold for any commercial reasons.
Myfavdesigners is in no manner responsible for any manufactural defects. Service provider andmanufacturer of the product or service shall be solely responsible for such defects and consumercomplaints. You should carefully read the individual terms and conditions in relation to the products.
Any recommendation made to you in the Site during the course of your use of the Site is purely forinformational purposes and for your convenience and does not amount to endorsement of theproduct or services by Myfavdesigners or any of its associates in any manner.
Myfavdesigners strives to provide accurate product and pricing information, however errors mayoccur. Myfavdesigners cannot confirm the price of the product until you make the order. Withoutlimiting the generality of Clause 9 (Cancellations, Refunds and Returns) below, if a product / serviceis listed at an incorrect price or with incorrect information due to any technical error,Myfavdesigners shall have the right, at its sole discretion, to refuse or cancel any orders placed forthat product/ service, unless the product has already been delivered or the service has already beenavailed by you. In the event that an item is wrongly priced, Myfavdesigners may, at its discretion,either contact you for instructions or cancel your order and notify you of such cancellation. Unlessthe product ordered by you has been delivered and the services are availed, your offer will not bedeemed accepted and Myfavdesigners will have the right to modify the price of the product/ serviceand contact you for further instructions using the e-mail address provided by you during the time ofregistration or placing of order, or cancel the order and notify you of such cancellation. In the eventthat Myfavdesigners Fashion accepts your order the same shall be debited to your credit cardaccount, debit card account or any mode through which the payment was made and duly notified toyou by email that the payment has been processed. The payment may be processed prior toMyfavdesigners dispatch of the product that you have ordered. If we have to cancel the order afterwe have processed the payment, the said amount will be reversed to your credit / debit card account.
PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITEARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF Myfavdesigners. Myfavdesigners may revise and cease to make available any product/ services atany time. In the event, Myfavdesigners is unable to deliver the product to you on time or at all, youwill be notified by an e-mail and your order will be automatically cancelled due to unavailability ofthe product or at your instructions due to failure to deliver the product on the expected time ofdelivery by our delivery partners. Myfavdesigners shall not be liable to pay for any damages in suchan event owing to cancellation of the order or delay in delivery.
Please refer to our Cancellation, Refunds & returns, provided on our Site.
Payments for the products available on the Site may be made in the following ways:
We endeavour to dispatch your order within the time as committed on the product page, howeverdue to unforeseen circumstances, the dispatch of your order can take up to [7] business days. Youwill be intimated via email upon dispatch of the order. Once the order is dispatched, it normallytakes [2-5] business days for delivery within India and [7-10] business days for deliveries outsideIndia. Unforeseen circumstances on the logistics provider’s/Seller’s end may cause delays for whichMyfavdesigners shall not be liable.
Currently we don’t Shipping for International Orders. Please refer to our Shipping and Delivery Policy, provided on our Site.
The Chat Functionality has been provided to help you with any and all Site related queries. Any useof this service shall be subject to the following conditions:
The information, photo, image, chat communication, text, software, data, music, sound, graphics,messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise madeavailable to us (“User Content”), are entirely your responsibility and we will not be held responsible,in any manner whatsoever, in connection to the User Content. You agree to not encourage or assistor engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying,publishing transmitting, updating or sharing any information that:
Myfavdesigners shall in no way be held responsible for examining or evaluating User Content, nordoes it assume any responsibility or liability for the User Content. Myfavdesigners does not endorseor control the User Content transmitted or posted on the Site by you and therefore, accuracy,integrity or quality of User Content is not guaranteed by Myfavdesigners. You understand that byusing the Site, you may be exposed to User Content that is offensive, indecent or objectionable toyou. Under no circumstances will Myfavdesigners be liable in any way for any User Content,including without limitation, for any errors or omissions in any User Content, or for any loss ordamage of any kind incurred by you as a result of the use of any User Content transmitted,uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights toany claims against Myfavdesigners for any alleged or actual infringements of any proprietary rights,rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content You hereby acknowledge that Myfavdesigners has the right (but not the obligation) in its solediscretion to refuse to post or remove any User Content and further reserves the right to change,condense, or delete any User Content. Without limiting the generality of the foregoing or any otherprovision of these Terms and Conditions, Myfavdesigners has the right to remove any User Contentthat violates these Terms and Conditions or is otherwise objectionable and further reserves the rightto refuse service and/or terminate accounts without prior notice for any users who violate theseTerms and Conditions or infringe the rights of others.
If you wish to delete your User Content on our Site or in connection with our mobile applications,please contact us by email at hello@zotik.in and request you to include the followingpersonal information in your deletion request: first name, last name, user name/screen name (ifapplicable), email address associated with our Site and/or mobile applications, your reason fordeleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be ableto process your deletion request if you are unable to provide such information to us. Please allow upto 30 business days to process your deletion request.
The “Myfavdesigners” name and logo and all related product and service names, design marks andslogans are the trademarks, logos or service marks (here in after referred to as “Marks”) ofMyfavdesigners. All other Marks provided on the Site are the property of their respectivecompanies. No trademark or service mark license is granted in connection with the materialscontained on this Site. Access to this Site does not authorize anyone to use any Marks in anymanner. Marks displayed on this Site, whether registered or unregistered, of Myfavdesigners orothers, are the intellectual property of their respective owners, and Myfavdesigners shall not beheld liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
Myfavdesigners and its suppliers and licensors expressly reserve all the intellectual property rights inall text, programs, products, processes, technology, content, software and other materials, whichappear on this Site, including its looks and feel. The compilation (meaning the collection,arrangement and assembly) of the content on the Site is the exclusive property of Myfavdesignersand are protected by the Indian copyright laws and International treaties. Consequently, thematerials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted,transmitted, distributed or modified in whole or in part or in any other form whatsoever, except foryour personal, non-commercial use only. No right, title or interest in any downloaded materials orsoftware is transferred to you as a result of any such downloading or copying, reproducing,duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips,downloads, video clips and written and other materials that are part of this Site (collectively, the“Contents”) are intended solely for personal, non-commercial use. You shall not download or copythe Contents and other downloadable materials displayed on the Site for your personal use. We alsogrant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on thisSite are to be used only as a shopping resource. Any other use, including the reproduction,modification, distribution, transmission, re- publication, display, or performance, of the Contents onthis Site is strictly prohibited. Unless Myfavdesigners explicitly provides to the contrary, all Contentsare copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlledor licensed by Myfavdesigners, any of its affiliates or by third parties who have licensed theirmaterials to Myfavdesigners and are protected by Indian copyright laws and international treaties.
Myfavdesigners grants you limited, non-exclusive, non-transferable, non- sublicensable license toaccess, and make personal and non-commercial use of the Site. All rights not expressly granted toyou in these Terms of Use, are reserved and retained by the Site and its affiliates.
Myfavdesigners reserves the right, at any time, without notice, and at its sole discretion, toterminate your license to use the Site and to block and prevent your future access the Site.
Cookies are small pieces of information that are stored by a web server on a web browser so it canbe later read back from that browser. No personal information about you is gathered or stored inthe cookies by the Website and, as a result, none can be passed on to any third parties. We usecookies and other technologies such as pixel tags and clear gifs to store certain types of informationeach time you visit any page on our Website/Application. Cookies enable the Website/Application torecognize the information you have consented to give to the Website/Application and help usdetermine what portions of this Website/Application are most appropriate for your personal needs.Most cookies are ‘session cookies’ meaning that they are automatically deleted from your device atthe end of a session.
User may choose to set their web browser to refuse cookies. If you haven't changed your computer's settings, most likely your browser already accepts cookies. If you choose to decline cookies, you maynot be able to fully experience all features of the website. You can also delete your browser cookiesor disable them entirely. But this may significantly impact your experience with our website and maymake parts of our website non-functional or inaccessible.
Website/Application does not control the content or links that appear on the third- party websitesand is not responsible for the practices employed by these websites linked to or from ourWebsite/Application, even if users may find content on our site that links to the sites and services ofour partners, suppliers, advertisers, sponsors, licensors and other third parties. In addition, thesesites or services, including their content and links, may be constantly changing. These sites andservices may have their own privacy policies and customer service policies. Browsing and interactionon any other website, including websites which have a link to our Website/Application, is subject tothat website’s own terms and conditions.
You, on your risk and volition entirely, are advised to deal with the services of our partners,suppliers, advertisers, sponsors, licensors and other third parties if you intend to. By allowing suchadvertisements, Myfavdesigners does not recommend or market or warranty the advertisers, thequality, commitment, deliverables, fitness for consumption, reasonability of their products/servicesor the advertisers’ commitment to protect your Personal Information.
This Site is provided to you “AS IS”. We make no representations regarding the use of or the result ofthe use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, orotherwise. Myfavdesigners shall not be liable for any loss suffered in any manner by the user as aresult of depending directly or indirectly on the depiction of the Content on this Site.
You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Youruninterrupted access or use of this Site on this basis may be prevented by certain factors outside ourreasonable control including, without limitation, the unavailability, inoperability or interruption ofthe internet or other telecommunications services or as a result of any maintenance or other servicework carried out on this Site.
Myfavdesigners shall have the right, at any time, to change or discontinue any aspect or feature ofthe Site, including, but not limited to, content, hours of availability and equipment needed for accessor use. Further, the Site may discontinue disseminating any portion of information or category ofinformation. Myfavdesigners does not accept any responsibility and will not be liable for any loss ordamage whatsoever arising out of or in connection with any ability/inability to access or to use theSite.
Myfavdesigners makes no representation and takes no responsibility for the accuracy,completeness, appropriateness or usefulness of the Information.
In keeping with Myfavdesigners objective of providing \its users with general information about theGarments, Accessories, etc., Myfavdesigners engages experts having knowledge of in theirrespective fields (“Experts”) to respond to queries posted by users. Any information provided by theExperts, either over the Site, through e-mails, chat rooms or on social networking sites, including theSite's Facebook page (collectively referred to as “Expert's Opinion”) is based on the Experts personalopinion.
For any general information posted on the Site, users must not infer or assume that suchinformation necessarily applies to them.
THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES,PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KINDWHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THESITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OFMERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THEEXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OURHOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE(WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANYCIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESSINTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION,DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS ARESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES,SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THESITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIESOR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF Myfavdesigners. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILLBE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES,AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE,INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITEOR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTERTHE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITHUS OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLEREMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
This disclaimer constitutes an essential part of this Terms of Use.
References on the Site to any names, marks, products or services of third parties or hypertext linksto third party sites or information are provided solely as a convenience to you. This does not in anyway constitute or imply Myfavdesigners endorsement, sponsorship or recommendation of the thirdparty, information, product or service or any association and relationship between Myfavdesignersand those third parties.
Myfavdesigners is not responsible for the content of any third-party sites and does not make anyrepresentations regarding the content or accuracy of material on such sites. If you decide to link toany such third-party websites, you do so entirely at your own risk. Myfavdesigners do not assumeany responsibility for examining or evaluating the offerings of the off-websites pages or any otherwebsites linked from the Site. We shall not be responsible for the actions, content, products, orservices of such pages and websites, including, without limitation, their privacy policies and termsand conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
These Terms of Use are effective unless and until terminated by either you or Myfavdesigners.
You may terminate the Terms of Use at any time, provided that you discontinue any further use ofthis Site. Myfavdesigners may terminate the Terms of Use at any time and may do so without notice,and accordingly deny you access to the Site, such termination will be without any liability to the Site.
Upon any termination of the Terms of Use by either you or Myfavdesigners, you must promptlydestroy all materials downloaded or otherwise obtained from this Site, as well as all copincludingies of suchmaterials, whether made under the Terms of Use or otherwise. Any such termination of the Termsof Use shall not cancel your obligation to pay for the product already ordered from the Site or affectany liability that may have arisen under the Terms of Use.
You agree to defend, indemnify and hold harmless Myfavdesigners, its employees, directors,officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, orlicensors from and against any and all claims, liabilities, damages, losses, costs and expenses,including attorney's fees, caused by or arising out of claims based upon your actions or inactions,which may result in any loss or liability to Myfavdesigners Fashionor any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment ofstatutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss ofservice by other subscribers and infringement of intellectual property or other rights. This clauseshall survive the expiry or termination of the Terms of Use.
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India.For proceedings arising there in the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and otherPolicies on the Site, between the parties hereto, shall be referred to an independent arbitrator whowill be appointed by mutually and his decision shall be final and binding on the parties hereto. Theabove arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amendedfrom time to time. The seat of arbitration shall be held in Mumbai.
Without any prejudice to particulars listed in Clause 13 above, Myfavdesigners Fashionshall have theright to seek and obtain any injunctive, provisional or interim relief from any court of competentjurisdiction to protect its trade-mark or other intellectual property rights or confidential informationor to preserve the status quo pending arbitration.
Myfavdesigners Fashion makes no representation that any products, services and materials displayedon the Site are appropriate or in compliance with laws for use in other locations/countries otherthan India. Those who choose to access this Site from other locations/countries other than India doso on their own initiative and Myfavdesigners Fashionshall not be responsible for supply ofproducts/refund for the products ordered from other locations/countries other than India,compliance with local laws including custom duty, taxes, import regulations etc., if and to the extentlocal laws are applicable.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation
Myfavdesigners Fashionis entitled to investigate occurrences that may involve such violations andmay involve, and co-operate with, law enforcement authorities in prosecuting users who areinvolved in such violations. You agree not to use any device, software or routine to interfere orattempt to interfere with the proper working of this Site or any activity being conducted on this Site.You agree, further, not to use or attempt to use any engine, software, tool, agent or other device ormechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) tonavigate or search this Site other than the search engine and search agents available fromMyfavdesigners Fashionon this Site and other than generally available third-party web browsers(e.g., Netscape Navigator, Microsoft Explorer).
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicablelaw including, but not limited to, the warranty disclaimers and liability limitations set forth above,then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceableprovision that most closely matches the intent of the original provision and the remainder of theTerms of Use shall continue to be in effect. Unless otherwise specified here in, these Terms of Useconstitutes the entire agreement between you and Myfavdesigners Fashion with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
Myfavdesigners Fashion’s failure to act with respect to a breach by you or others does not waive itsright to act with respect to the breach or subsequent and similar breaches.
You acknowledge and here by agree to these Terms and Conditions and that it constitute thecomplete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change / alter / modify these Terms and Conditions atany time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site there after constitutes your agreement to all such changedTerms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency,partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time there after, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiverof the provision itself. In the event that any provision of these Terms and Conditions shall beunenforceable or invalid under any applicable law or be so held by any applicable arbitral award orcourt decision, such unenforceability or invalidity shall not render these Terms and Conditionsunenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, hello@zotik.in.
Contact Information
Please contact us for any questions or comments (including all inquiries unrelated to copyrightinfringement) regarding this website.
Customer Service Desk
E-mail id: hello@zotik.in
Phone: +91 9920858782
Contact: Monday to Saturday, 10AM - 7PM.