The headings of each section in this Agreement are only for the purpose of organizing 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.
ii.We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services following such change, this is deemed as consented by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
The Website is a service provider that will provide You with purchase original merchandise, such as 'Clothing' collectively called 'Products '. The Products can be purchased from this platform through Cash on Delivery mode only. The sale and purchase of products will be additionally governed by specific policy of sale, like Returns and Exchange policy etc. FAQ's govern the return, exchange and delivery of products. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Deestitch assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Deestitch assumes no liability with respect to the return or refund for the said re-shipped product. 3.SERVICE TERMS:
As a User of the Website, You agree and understand to the following
The User will be required to furnish the following details as condition precedent for availing this Service, which includes but not is limited to the User’s First name, Last Name, Phone number, Email ID, Pick up address.
You understand and agree that Your request for Our Services will be processed only after the Users provide their consent for availing all or any of Our Services (along with the estimated price) provided by Us to them. We currently offer payment through cash on delivery, as specified on the Website. The rates of the Service shall be notified on the Website itself. Please refer to payment options under FAQ's on the Website before ordering for any goods or Services on the Website. Any payment towards the Services or goods rendered is not refundable. The charges for the Services shall be updated or amended from time to time depending on the fabric given and at the sole discretion of the Website and it shall be your responsibility to remain informed about the charges for the Services
To fully avail the Services of the Website and use of it, registration is mandatory. You may access the Services by signing in as a User by providing the following information which shall include but not be limited to first name, last name, phone number, email ID, and Address. The Website only offers Sign Up process with our own sign up system and not from other platforms such as Facebook and Google+.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 and the Website reserves the right to terminate Your account on knowledge of You being a minor and having registered on the application or availing any of its services.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 that You have done so, We hold the right to permanently suspend Your account.
5.INTELLECTUAL PROPERTY LICENSE:
Unless otherwise stated by the Website all intellectual property rights for all material on the Website, shall be owned by the Website. Your use of the Website, and all intellectual property rights are restricted and reserved for Your limited use only. You may view and/or print pages from the Website for your own personal use subject to restrictions set in these terms and conditions which include:
i. Not republishing any material from the Website.
ii. Selling, renting or sub-licensing material from Website.
iii Reproduction, duplication or copying material from Website:-
.Redistribute content from the Website (unless content is specifically made for redistribution).
include clarification calls, marketing calls and promotional calls.
In addition, You may also be contacted by Our logistics partner/ third party provider/ contract employees for delivery of services.
The browsing of the Website is free of cost. The User needs to pay the Website directly for the Services availed through the procedure placed on the Website, as per the terms of this Agreement. In the event of such change in policy, Users shall be intimated of the same via email and such change shall be effective as soon as it has been updated on the Terms of Service. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
8.MODE OF PAYMENT:
Clients shall make all payments as Cash on Delivery only. Currently there are no other payments accepted for purchase of any products or services. The Website is not responsible for any technical or non-technical failure. 9.USER’S OBLIGATIONS:
The User agrees and acknowledges that he/she is a restricted User of this Website, and that he/she:
i. You agree to ensure the email address and physical address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
ii. You agree to comply with all local laws and regulations governing the use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
iii Agree to be responsible for all content written by You on the Website, or picture uploaded by You on the Website.
iv 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 the 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, 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;
Use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Website’s services; (ii) any other party's use and enjoyment of Company’s services; or (iii) the services and products of any Third Party;
iv.Use the Services provided by Us 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 Website);
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;
viii. download any file posted on the Website or the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
ix. Neither probe nor scan nor 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 Website or 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 Website;
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 Websites;
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.
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.xv.
post anything, as image/ content which is objectionable in nature, or obscene in character on the Website.
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.
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 any content or picture provided by You such as design/ patterns as examples for tailoring patterns shall be owned by the Company.
The Website can be used in India. We make no representation that materials or Content available through our Website is appropriate or available for use outside of India. If You access or use the Website from a country or location apart from India, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
- 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 without prior notice to You.
- We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time without prior notice of the same.
- 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.
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
1.Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
3.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.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.You also agree to have read Our disclaimers that form part and parcel of these terms, and agree to indemnify Us against any and all liability, loss, claim, damages, expense, or costs that may arise from those disclaimers.
14.DISCLAIMER OF LIABILITY:
The Website will not be responsible for any damage suffered by Users from use of the services on this system. This without limitation includes any losses resulting from delay in response or any other kind of service interruptions as may occur because of any act/ omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
It is the sole discretion of the User to select the Services from the Website. Any Coupons/Discounts/Promotional Schemes provided on the Services are at the sole discretion of the Website. The same shall be the liability of the User. In particular, neither the Website shall be liable in any way to You nor to any other person whomsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of the services.User reviews are provided for informational purpose only. User reviews reflect the individual reviewer's results and experiences only and are not verified or endorsed by the Website15.DISPUTES ARISING OUT OF THIS AGREEMENT:
- Waiver: The failure of either party at any time with respect to 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.
- 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.