Terms & Conditions
These policies
are published in accordance with the provisions of Rule 3(1) of the Information
Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘electronic
record’ as contemplated under section 2(t) of the Information Technology Act,
2000 and the Rules thereunder. These Terms being an electronic record are
generated by a computer system and do not require any physical or digital
signatures.
These Terms of
Use ("Terms") apply to the website located at indianflower.in and any
other websites or applications associated with Indian Flower brands or products
that direct the viewer or user to these Terms (collectively, the
"Site", “website”). In these Terms, the terms “Indian Flower,” “we,”
and “us” refers to Srinithi Garments and affiliated companies.
Your access to
and use of the Sites is conditioned on your acceptance of and compliance with
these Terms. These Terms apply to all visitors, users and others who access or
use the Site. By accessing or using the Site you agree to be bound by these Terms.
If you disagree with any part of the Terms, then you should discontinue access
or use of the Site.
Access to the site:
The
"site" is owned, controlled & operated by Srinithi Garments,
Licensee of Indian Flower, - a company registered under the Companies Act, 1932
with its registered office at 8/626 B, BEHIND MERIDIAN APPARELS, ANGERIPALAYAM
ROAD, TIRUPUR-641603, Tamil Nadu, India (hereinafter referred to as "
Srinithi Garments ").
Ability to use the site:
In order to
accept the Terms and to use the Site, you must be at least 18 years of age
("Minimum Age"). The Site not intended for users under the Minimum
Age. You hereby affirmatively represent that (a) you are at least the Minimum
Age of 18; (b) you have the consent of your parent(s) to use the Site if you
are under 18 years of age; (c) you have all the applicable rights and authority
to grant “Indian Flower” the rights granted in these Terms; and (d) you have
read, understood, and agree to be bound by these Terms. If you are not at least
the Minimum Age, do not have parental consent, or you do not agree to all the
terms and conditions of these Terms, you may not use the Site. If You are using
the “Site” on behalf of any corporation, company, institution, association or
other entity, the person should be authorized by such corporation, company,
institution, association or other entity to use and access the “site”.
Compliance Requirements
You may not
pretend that You are, or that You represent, someone else, or impersonate any
other individual or entity.
You shall at all
times ensure full compliance with the applicable provisions of the Information
Technology Act, 2000 and rules thereunder as applicable and as amended from
time to time and also all applicable Domestic laws, rules and regulations (including
the provisions of any applicable Exchange Control Laws or Regulations in Force)
and International Laws, Foreign Exchange Laws, Statutes, Ordinances and
Regulations (including, but not limited to Goods and Service Tax, Income
Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding
Your use of Our service and Your listing, purchase, solicitation of offers to
purchase, and sale of products or services. You shall not engage in any
transaction in an item or service, which is prohibited by the provisions of any
applicable law including exchange control laws or regulations for the time
being in force.
You shall not
engage in advertising to, or solicitation of, other Users of the Site to buy or
sell any products or services, including, but not limited to, products or
services related to that being displayed on the Site or related to us.
User Account
You may be
required to register and set up an account (“Account”) for using the Site by
entering an email address and password or by using any permitted social media
account to sign in ("Account Information"). Indian Flower its sole
discretion may ask for the verification of Your Account Information provided by
You and hence, it is advisable to provide a valid information e.g. like email address
or mobile number etc. while creating an Account. The Site will set-up an
account and email the details of the Account at the email address
provided.
You can create
one Account only and it is not permitted to transfer or interchange such
Account to any other person. The list of information required to be provided by
You, the manner of usage, protection and confidentiality of Your information
and Account information are more specifically dealt under the Site’s Privacy
Policy and You are requested to read the Privacy Policy in detail before
sharing Your information or creating an Account.
If You use the
site, you shall be responsible for maintaining the confidentiality of your
Display Name and Password and You shall be responsible for all activities that
occur under your Display Name and Password. You agree that if You provide any
information that is untrue, inaccurate, not current or incomplete or We have
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, or not in accordance with the this Terms of Use, We
shall have the right to indefinitely suspend or terminate or block access of
your membership on the Website and refuse to provide You with access to the
Website.
Charges
Membership on
the Website is free for buyers. Indian Flower reserves the right to change its
Fee Policy from time to time. In particular, Indian Flower may at its sole
discretion introduce new services and modify some or all of the existing
services offered on the Website. In such an event Indian Flower reserves the
right to introduce fees for the new services offered or amend/introduce fees
for existing services, as the case may be. Changes to the Fee Policy shall be
posted on the Website and such changes shall automatically become effective
immediately after they are posted on the Website. Unless otherwise stated, all
fees shall be quoted in Indian Rupees. You shall be solely responsible for
compliance of all applicable laws including those in India for making payments
to Indian Flower.
User Conduct
You agree,
undertake and confirm that Your use of the Site shall be strictly governed by
the following binding principles:
You shall not
host, display, upload, modify, publish, transmit, update or share any
information which:
- 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
- is misleading in any way
- involves the transmission
of "junk mail", "chain letters", or unsolicited mass
mailing or "spamming"
- promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libellous
- infringes upon or
violates any third party's rights including, but not limited to,
intellectual property rights, rights of privacy (including without
limitation unauthorized disclosure of a person's name, email address,
physical address or phone number) or rights of publicity
- contains restricted or
password-only access pages, or hidden pages or images (those not linked to
or from another accessible page)
- provides instructional
information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer
viruses
- contains video,
photographs, or images of another person (with a minor or an adult).
- tries to gain
unauthorized access or exceeds the scope of authorized access to the Site
or to profiles, blogs, communities, account information, bulletins, friend
request, or other areas of the Site or solicits passwords or personal
identifying information for commercial or unlawful purposes from other
users
- interferes with another
USER's use and enjoyment of the Site or any other individual's User and
enjoyment of similar services
- 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 products
- violates any law for the
time being in force
- 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
- shall not be false,
inaccurate or misleading
- shall not create
liability for Us or cause Us to lose (in whole or in part) the services of
Our internet service provider ("ISPs") or other suppliers
A User may be
considered fraudulent or loss to business due to fraudulent activity if any of
the following scenarios are met:
- Users doesn't reply to
the payment verification mail sent by INDIAN FLOWER
- Users fails to produce
adequate documents during the payment details verification
- Misuse of another User's
phone/email
- Users uses invalid
address, email and phone no.
- Overuse of a voucher code
- Use of a special voucher
not tagged to the email ID used.
- Users returns the wrong
product
- Users refuses to pay for
an order
- Users involved in the
snatch and run of any order
- Miscellaneous activities
conducted with the sole intention to cause loss to business/revenue to
INDIAN FLOWER
- User with a very high
return rate
- Repeated request for
monetary compensation for fake/used order
INDIAN FLOWER
may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under
certain criteria at any stage of the product delivery. An order can be
classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned
criteria, and any additional criteria as defined by INDIAN FLOWER:
- Products ordered are not
for self-consumption but for commercial resale
- Multiple orders placed
for same product at the same address, depending on the product category.
- Bulk quantity of the same
product ordered
- Invalid address given in
order details
- Any malpractice used to
place the order
- Any promotional voucher
used for placing the 'Bulk Order' may not be refunded
- Any order paced using a
technological glitch/loophole.
You shall not
use the Site for any unlawful and fraudulent purposes, which may cause annoyance
and inconvenience and abuses any policy and rules of the company and interrupt
or causes to interrupt, damages the use by other Users of INDIAN FLOWER.
You shall not
use any false e-mail address, impersonates any person or entity, or otherwise
misleads INDIAN FLOWER by sharing multiple address and phone numbers or
transacting with mala-fide intentions.
We on certain
landing page even allow our Users to experience free exchange of ideas and
observations regarding interest in the field of fashion, including ‘viewing
user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing,
viewing and/or posting any user generated content to any specific dedicated
page on the Site, you accept and consent to the practices described in these
‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of
prescribed by the INDIAN FLOWER on the Site. You agree and undertake that when
accessing, viewing and/or posting any user generated content on these pages You
will not imitate, abuse, harass, any Customer/User or violate and exploit, any
of these ‘Terms of Service’ of the Site.
You shall not
use any "deep-link", "page-scrape", "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 Site or any Content, or in any way reproduce
or circumvent the navigational structure or presentation of the Site or any
Content, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Site. We reserve Our
right to bar any such activity.
You shall not
attempt to gain unauthorized access to any portion or feature of the Site, or
any other systems or networks connected to the Site or to any server, computer,
network, or to any of the services offered on or through the Site, by hacking,
password "mining" or any other illegitimate means.
The Content
posted does not necessarily reflect INDIAN FLOWER views. In no event shall
INDIAN FLOWER assume or have any responsibility or liability for any Content
posted or for any claims, damages or losses resulting from use of Content
and/or appearance of Content on the Site. You hereby represent and warrant that
You have all necessary rights in and to all Content which You provide and all
information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libellous,
tortious, or otherwise unlawful information.
INDIAN FLOWER
hereby disclaims any guarantees of exactness as to the finish, appearance,
size, colour etc., of the final Product as ordered by the User. INDIAN FLOWER
Return & Exchange Policy offers you the option to return or exchange items
purchased on INDIAN FLOWER within the return/exchange period (Please read the
Product Detail Page to see the number of days upto which a product can be
returned/exchanged, post-delivery). In case of return of the purchased item,
please refer to the "Return Policy" on our INDIAN FLOWER.
Color
INDIAN FLOWER
has made all attempts to exhibit the colours of the Products that appear on the
Site as accurately as possible. However, INDIAN FLOWER do not guarantee any
change in colour as seen by you owing to the actual colours of your
monitor/screen and further does not guarantee that your monitor's display of
any colour will be accurate.
Limitation Of Liability
INDIAN FLOWER
will not be liable for short delivery or defective Products unless a claim is
notified by you in writing within 48 Hours of delivery in accordance with
Return and Exchange Terms. The notification must include the invoice number,
delivery note number and details of the claim. INDIAN FLOWER will not be liable
in any way for loss, damage, costs or expenses (including loss of profit,
revenue, goodwill or data) arising directly or indirectly from any failure or
delay in performing any obligation under this Agreement by reason of any event
or circumstance outside the reasonable control of INDIAN FLOWER, including but
not limited to), any strikes, industrial action, failure of power supplies or
equipment, government action or Act of God.
The Site is provided
devoid of any warranties or guarantees. The End User must bear the risks
associated with the use of the Site.
The Site
provides content which are sourced from other websites or resources and while
INDIAN FLOWER tries to ensure that material included on the Site is correct,
reputable and of high quality, INDIAN FLOWER does not acknowledge any
responsibility if this is not the case. INDIAN FLOWER will not be responsible
for any errors or omissions or for the results obtained from the use of such
information or for any technical problems you may experience as a result of the
use of the Site.
INDIAN FLOWER,
its associates and technology partners make no representations or warranties
about the accuracy, reliability, completeness, current-ness and/or timeliness
of any content, information, software, text, graphics, links or communications
provided on or through the use of the Site or that the operation of the Site
will be error free and/or uninterrupted. Consequently, INDIAN FLOWER 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 Site; and/or any
interruption or errors in the operation of the Site.
You expressly
understand and agree that INDIAN FLOWER and its subsidiaries, affiliates,
officers, employees, agents, partners and licensors shall not be liable to you
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 (even if INDIAN FLOWER has been advised of
the possibility of such damages), resulting from use of the Site, sale and
supply of Products content or any related goods and services.
Without
prejudice to the generality of the section above, the total liability of INDIAN
FLOWER to you for all liabilities arising out of this T&C under any
applicable law is limited to the order value of the Product ordered by you.
This limitation
of liability section shall prevail over any conflicting or inconsistent
provision contained in any of the documents comprising this Agreement. It is up
to you to take precautions to ensure that whatever you select for your use is
free of such items as viruses, worms, trojan horses and other items of a
destructive nature.
Indemnity
You agree to
indemnify and hold INDIAN FLOWER (and its officers, directors, agents,
subsidiaries, joint ventures, and employees) harmless from any claim or demand,
including reasonable attorney’s fees, or arising out of or related to your
breach of this T&C, or your violation of the rights of a 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 this End User Agreement or arising out of violation of any applicable
laws, regulations including but not limited to Intellectual Property Rights,
payment of statutory dues and taxes, claim of libel, defamation, violation of
rights of privacy or publicity, loss of service by other subscribers and
infringement of intellectual property or other rights. This clause shall
survive the expiry or termination of this T&C.
Severability
If any of the
Terms shall be deemed void, invalid or unenforceable for any reason, that
condition shall be deemed several and shall not affect the enforceability of
any remaining provision.
Customer Communication
INDIAN FLOWER
will communicate with you about your order and the purchased product through
any of the mode using email, SMS and telephone or all of them or any other
mode. Account holders must provide a valid email address and contact telephone
and/ or mobile number to INDIAN FLOWER for this purpose. When you use the Site
or send emails to INDIAN FLOWER, you are communicating with INDIAN FLOWER
electronically. You consent to receive communications from INDIAN FLOWER
electronically. Please note that we may not be able to contact you on your
mobile number in case your mobile number is part of DNC (Do Not Call) list as
generated by TRAI (Telecom Regulatory Authority of India).
From time to
time, INDIAN FLOWER will also send you marketing material. If you do not wish
to receive such material, you may unsubscribe from our mailing list at any time
by using the unsubscribe function in the electronic marketing communication or
by contacting Customer Care.
You agree that
all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
INDIAN FLOWER
Promotional alerts are SMS messages that are sent to opted in users that
contain promotional content for INDIAN FLOWER customers. All INDIAN FLOWER
Promotional Alerts are complimentary, Message & Data Rates May Apply.
Depending on your plan, you may be charged by your network operator. To stop
receiving all INDIAN FLOWER Promotional Alert messages, mail care@indianflower.in . Once your mobile number is removed from our system, you
will receive a final confirmation message and no further messages will be sent
to your mobile number. Alternatively, you can enrol in the national Do Not Call
(DNC) list by following the instructions here http://ndnc.in/
How are the
messages sent?
We may use auto
dialler or non-auto dialler technology to send the text messages described
above to the mobile phone number you supply when you opt in.
Privacy Notice:
You can review our privacy notice posted in this site.
Site-Provided Email And Postings
The Site may
provide End Users with the ability to send email messages to other End Users
and non-End Users and to post messages on the Site. INDIAN FLOWER is under no
obligation to review any messages; information or content
("Postings") posted on the Site by End Users and assumes no
responsibility or liability relating to any such Postings. Notwithstanding the
above, INDIAN FLOWER may from time to time monitor the Postings on the Site and
may decline to accept and/or remove any email or Postings. You understand and
agree not to use any functionality provided by the Site to post content or
initiate communications that contain:
(i) Any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, profane, hateful, racially, ethnically or otherwise objectionable
material of any kind, including, but not limited to, any material which
encourages conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or
international law. (ii) Advertisements or solicitations of any kind. (iii)
Impersonate others or provide any kind of false information. (iv) Personal
information such as messages which state phone numbers, social security
numbers, account numbers, addresses, or employer references. (v) Messages by
non-spokesperson employees of INDIAN FLOWER purporting to speak on behalf of
INDIAN FLOWER or containing confidential information or expressing opinions
concerning INDIAN FLOWER. (vi) Messages that offer unauthorized downloads of
any copyrighted or private information. (vii) Multiple messages placed within
individual folders by the same End User restating the same point. (viii) Chain
letters of any kind. (ix) Identical (or substantially similar) messages to
multiple recipients advertising any product or service, expressing a political
or other similar message, or any other type of unsolicited commercial message.
This prohibition includes but is not limited to a) Using INDIAN FLOWER invitations
to send messages to people who don't know you or who are unlikely to recognize
you as a known contact; b) Using INDIAN FLOWER to connect to people who don't
know you and then sending unsolicited promotional messages to those direct
connections without their permission; and c) Sending messages to distribution
lists, newsgroup aliases, or group aliases.
Links
The Site or
third parties may provide links to other World Wide Web sites or resources.
Because INDIAN FLOWER has no control over such sites and resources, you
acknowledge and agree that INDIAN FLOWER is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge
and agree that INDIAN FLOWER shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
Access To Password Protected/Secure Areas
Access to and
use of password protected and/or secure areas of the Site is restricted to
authorized End Users only. Unauthorized individuals attempting to access these
areas of the Site may be subject to prosecution.
Trademarks
All material and
content on the Site, including but not limited to the images, illustrations,
audio clips, video clips, logos, trademarks and/or service marks are protected
by copyrights, trademarks, and other intellectual property rights
("Content") that are owned and controlled by us or by other parties
that have licensed their material to us. End Users are prohibited from using
any Content for any purpose including, but not limited to use as meta-tags on
other pages or sites on the World Wide Web without the written permission of
INDIAN FLOWER or such third party which may own the Marks. End Users are
prohibited from modifying, copying, distributing, transmitting, displaying,
publishing, selling, licensing, creating derivative works or using any Content
available on or through the Site in any way for commercial or public purposes.
Billing
The price of our
merchandise is inclusive of all taxes. INDIAN FLOWER reserves’ the right to
collect the taxes for shipping charges wherever applicable.
Survival Of Terms After Agreement Ends
Notwithstanding
any other provisions of this T&C, or any general legal principles to the
contrary, any provision of this T&C that imposes or contemplates continuing
obligations on a party will survive the expiration or termination of this
T&C.
Miscellaneous
The Products,
Services and the Site being offered by INDIAN FLOWER hereto are subject to laws
of the Republic of India. Use of the Products, Services and/or the Site for any
other country or jurisdiction is at your sole risk. If any of these conditions
are deemed invalid, void, or for any reason unenforceable, the parties agree
that the court should endeavour to give effect to the parties’ intentions as
reflected in the provision, and the unenforceable condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
condition. From time to time INDIAN FLOWER may offer special promotional offers
which may or may not apply to your INDIAN FLOWER account. To avail of such
promotional offers, you agree to be bound by any additional terms and
conditions for these special offers which are laid down by INDIAN FLOWER. This
T&C and the relationship between you and INDIAN FLOWER will be governed by
the laws as applicable in India. Any dispute(s) arising out of this T&C
will be handled in the competent courts of Tirupur, India. The failure of
INDIAN FLOWER to act with respect to a breach by you or others does not waive
its right to act with respect to subsequent or similar breaches. INDIAN FLOWER
do not guarantee it will act against all breaches of this T&C. Except as
otherwise, expressly provided in this T&C, there shall be no third-party
beneficiaries to this T&C. This T&C constitutes the entire agreement
between you and INDIAN FLOWER and governs your use of the Site, superseding any
prior agreements between you and INDIAN FLOWER with respect to the Site.
Disclaimer
TO THE FULLEST
EXTENT PERMITTED BY LAW, THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY
YOUR ACCESS TO AND USE OF THE SITE THAT IT IS AT YOUR SOLE RISK, THAT YOU
ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICEING OR REPAIRS OF ANY EQUIPMENT OR ANY COMMUNICATION NETWORK OR LINES
YOU USE IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE. SHALL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR ACCESS TO AND USE OF THE
SITE. SRINITHI GARMENTS FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OF COMPLETENESS OF THE USER SUBMISSIONS ON THE SITE, THE SITE'S
CONTENT OR THE CONTENT OF ANY SITES LINKED TO OR FROM THIS SITE.SRINITHI
GARMENTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR AN Y (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR THIRD PARTY SECURE
SERVERS HOSTING AND/OR ADMINISTERING THE SITE AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY
THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.