TERMS OF SERVICE

  1. GENERAL

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.bigbenindia.in.  

The domain name www.bigbenindia.in (hereinafter referred to as “Website“) is owned by NDA Apparels having its place of business at (27,C/2 ERP Layout, Kalyan Mangalam, College Road) Tirupur, Tamilnadu (India) (hereinafter referred to as “Company”).

For the purpose of these Terms of Service, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a User on the Website by providing Registration Data while registering on the Website. Services provided by the website which do not require registration do not absolve You of the contractual relationship established by this Agreement.

The term “We”, “Us”, “Our” shall mean www.bigbenindia.in and the Company. The use of this Website by You is solely governed by the Agreement. Moving past the home page of the website or using any of the services shall be taken to mean that You have read and agreed to all of the terms and conditions so binding on You as laid down in this Agreement.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service. We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated with its requirements.  If You continue to use the Website following such a change, this is deemed as consent by You to the so amended policies by Us. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

We, as a Company, are on a mission to democratize fashion and be ‘the’ iconic Boys fashion brand in India. We aim to create deep connections with the Indians through inspiring product design, signature store experiences and compelling marketing. NDA Apparels was formed to contribute in the revolution sweeping the retail industry and promises to bring about a perceptible change in the way apparel and lifestyle retailing has been carried so far through an excellent unit. We aim to generate unique fashion products/trends and powerfully inspire its young customers to further imagine and experiment in order to self-create their individual style statements with confident. A dynamic team of passionate employees and business partners, energized by this mission, is imperative in constantly evolving and innovating to delight the consumer. We aspire to be the branded company in country for today’s Boys for a complete fashion brand – the number one apparel and destination brand.

By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by other Company Policies, inter alia the Privacy Policy, which would be amended from time to time.

2.       Membership

The Membership of the Website is restricted to those above 18 years of age, or to such group that can be termed to have attained ‘majority’ under the laws of the respective jurisdictions in where this Website can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.

Further, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. In the case that You provide us with false and inaccurate details or the Company has reasonable reasons to believe You have done so, We hold the rights to suspend Your account and/or terminate this Agreement without being held liable for the same. 

3.       Communications

By using this Website, it is deemed that You have consented to receiving calls, auto-dialled and/or pre-recorded message calls, from Us at any time with the use of the information that has been provided by You for the use of this Website, subject to the Privacy Policy. This includes contacting You through information received through other parties as well as contacting other parties through the information You provide to Us.  The use of this Website is also Your consent to receive SMSs from Us at any time We deem fit.  This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. Such calls shall be made after fixing an appointment with You via e-mail. In case You wish to stop contact with Us for the same, You may send Us a mail to the effect at cs@bigbenindia.in .

You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under other agreements, contracts and policies followed by Us. Such contact will be made only in pursuance of the respective contracts, agreements and/or policies.

The sharing of the information provided by You will govern by the Privacy Policy. We will not give out such Your contact information to third parties not connected with the Website, and/or for any purpose not in furtherance of the activities and aims of the Website. Please refer to the ‘Privacy Policy’.

4.       Payment

The membership of this Website is free of costand this includes only the browsing of the Website. You hereby understand that this no charge policy maybe amended at any time in the discretion of the Website and the Company. However You are expected to pay for the Products that You have ordered from Us.

5.       Third Party Information

The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is a combination of Third Party content and Our content. We have no control over such third party user generated content as We are merely an intermediary for the purposes of the Third Party Content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the User shall be solely responsible for any loss caused and We shall not be liable. You may send as an email at cs@bigbenindia.in to report any such content.

Other than when expressly allowed, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.

  • User content

The content that You upload or post will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use. You also grant Us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We reserve the right to edit or remove any material submitted to this Website, or stored on Our servers, or hosted or published upon this Website.

Those posting any form of User content on the Website must verify the truthfulness and authenticity of the particulars of the content, including the time, place and nature. Before allowing such content to be posted on the Website, We have the right and authority to verify the accuracy of such particulars related to the content with the respective sources provided by the User posting such content, if We feel that there is a need to check such accuracy.

We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.

In case any content is considered to be unlawful or against the law within any jurisdiction in which Our Website can be seen and accessed, it shall be removed forthwith by Us on being intimated by the authorities of the respective jurisdiction that such content is deemed unlawful. We cannot be held liable or questioned for the same.

7.       User Obligations

You are a restricted user of this Website.

  • You are bound not to 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. With Our prior permission limited use may be allowed. 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.
    • You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, 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. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users 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 by sending us an e-mail at cs@bigbenindia.in .
    • This Website by nature allows you to upload information;You undertake to ensure that such material is in accordance with applicable laws. Further, You undertake not to:
  • Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
  • 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);
  • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • Post any file that infringes the copyright, patent or trademark of other legal entities.
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
  • Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to 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 any other customer of the website, including any website Account not owned by You, to its source, 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;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
  • Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • Threaten 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.
  • Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
  • 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.
  • 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;

You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. While We shall not be held liable or answerable to Users for any such acts on Your part, violation of this clause would lead to potential criminal legal action against You, either by other Users of the Website or by Us.

We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation, to monitor the material posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In no event shall We 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 Website. 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 libelous, tortuous, or otherwise unlawful information.

  • CANCELLATION, RETURN, AND REFUND

We boast of a customer friendly returns and refund policy so that You, as a User find the Website reliable and shopping online without any worries.

Any order placed on our Website can be cancelled before the order is shipped. If the User wishes to cancel an order, the User shall drop an email at cs@bigbenindia.in with the confirmation number sent through the email requesting cancellation. Our Team shall get back to you with the necessary steps to be fulfilled. Any request for cancellation after the said period shall invoke part of the payment as cancellation charges.

If any order is returned to Us due to the unavailability of the User/Customer, We shall reach out to the Customer, and try to resend the shipment for an additional shipment fee. If the Customer is not able to receive the item after two (2) such tries, We shall retainshipping & handling charges of the Payment as cancellation fees and cancel the order and refund the balance Amount of the total amount to the Customer.

Any unused product purchased from the Website may be returned 7 days within receipt of the Product. In the event the Product is returned by reason of damaged (Manufacturing Defect)Product received, the Product shall be returned 2 DAYS from the date of receipt of Product.

For initiating any return/ refund, You are required to email Us at cs@bigbenindia.in with Your personal details including name, email address and phone number, order details including confirmation number, date of payment and mode of payment along with the reason for return/refund. In case, the reason for return is due to damaged (Manufacturing Defect) product received, You are required to attach images of the damaged (Manufacturing Defect) product to Us. Kindly specify if You require the Product to be replaced or require a refund for an Order in the same email. However please note that any replacement is subject to the availability of Product with Us.

Once Our Quality Controller assesses the reason for return as valid, You shall receive an email confirmation from Us, upon which You are required to courier Us the Product with original tags and packaging to Our address within two (2) days of receiving Our confirmation email. Unless, the Product is returned in original condition, We are under no liability to refund the amount paid or replace the Product. We shall send a replacement, subject to availability or issue a credit note in case of approved returns within seven(7) working days from receipt of the original Product, after deduction of applicable charges.

Please note that in matter of assessment of reason for return as valid, the Company’s decision shall be final and no requests for reconsideration shall be entertained.

  1. SHIPPING

*Insured Shipping Across India is subject to availability of the services for the particular location of our Transport/Courier partner.

We currently deliver to across India via reliable transport/courier services.

Please note that every individual order is shipped only to a single delivery address. In the event, you wish to ship products to different addresses, you are required to place multiple orders.

We shall strive to ensure that every item in your order is shipped within 3 working days of confirmation of the Order and delivered within 6-8 working days of the confirmation of the Order. However in certain cases, like your location or availability of the Product, the number of days may vary. We shall provide the same at the time of viewing the Product upon provision of pincode to Us. Typically deliveries to Metro cities are completed within 4-5 days post shipment and deliveries to rest of the Cities are completed within 8-10 days post shipment, excluding the date of shipping.

In rare cases, in the event We are unable to ship Your order within 10 days of confirmation of the Order, We shall cancel the Order, and send You an email intimating You of the same. The payment against the Order shall be refunded to the source from which you paid for the same.

After shipping your Order, an email would be sent to you on the registered email with the tracking reference number and Service Provider. You may track your order by clicking on the ‘Track Order’ link on the top left of the page by entering the reference number and the order status will provide the complete details with respect to Your Order.

We shall ensure to update you with regard to your Order’s status at every step via emails/messages. In the event You are unable to read the emails, or have not received the emails or any form of intimation, please reach out to our Customer Care at cs@bigbenindia.in .

We ship on all days of the week (Monday to Saturday), excluding Sundays and public holidays.

We use only reliable and reputed courier/Transport services, to ensure that the Product may be tracked and delivered to you in good conditions

We shall strived to ship all items in your Order together, but You understand that in certain circumstances this may not be possible due to various circumstances including but not limited to product characteristics, and  availability.

Upon delivery, you would be requested to sign a delivery form by our Agent. You are requested to sign the delivery form only if the Products are delivered in proper condition i.e. without obvious damage. Upon receipt of Product if You note that the Product is not in proper condition or the packaging has been tampered with or is damaged, prior accepting delivery of the goods, You are requested to refuse to sign for the same and intimate Us on our Customer Care at 0421- 3590254 or email us at cs@bigbenindia.in within two (2) days of receipt of the same providing Us with Your order confirmation number. We shall strive to ensure that a replacement delivery is made to you at the earliest. Once you sign the delivery form, it shall be construed that the Product was delivered without any obvious damage to you and you will not be permitted to exchange or return the goods for such reasons.

If You are not present at the address for delivery when our agent attempts to deliver Your order, the Agent shall leave You a notice at the address seeking a suitable time for delivery or alternate address for delivery or request You to pick up the Order.

  1. DISCLAIMER

The content on the Website is general in nature and summarized, and is provided for informational purposes only. The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional advice, or recommendations of any kind.

We do not assure any liability for the contents of any material provided on the. Reliance on any information provided by us, other visitors to the solely at your own risk. We assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. We reserve the right to change or discontinue, at any time, any aspect or feature of this Website.

We do not collect or receive your credit/debit card information, and this is collected directly on the Bank’s payment gateway, If you believe that your credit card has been compromised, then immediately report the incident to your card issuing bank.

You do hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in Your information, in any media now known or not currently known, with respect to Your information to enable Us to use the information for the purpose of providing the Services.

You release and indemnify Us 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 the Website and specifically waive any claims that You may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

  1. Miscellaneous

We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.

We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company or any of their assets.

We hereby reserve the right to block usage of the Website if any breach of the Terms of Service is caused by a User. This can in no way be construed as a waiver of any legal right under Indian law to claims any damages or initiate any legal proceedings against the User.

  1. Compliance with Laws

The User of the Website shall comply with all the applicable laws including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, 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, Export Import Policy of government of India) applicable to them respectively for using the Website.

 Disclaimer of Warranties and Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE MAKES NO WARRANTY THAT:

(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. THE WEBSITE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES.

14. Indemnification and Limitation of Liability

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW

  1. 15.      Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Breaches of these Terms and Conditions

Without prejudice to our other rights under these Terms of Use, your rights under the Agreement may automatically terminate without notice if you fail to comply with its terms. If you do not comply with the terms, We have the right to take any action We deem appropriate. We may terminate the Agreement or restrict, suspend or terminate your access to the website or your use of the Service at our discretion without notice at any time and/or bringing court proceedings against you, including if we determine that your use violates the Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service or of a third party.

  1. No Waiver

Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

  1. DISPUTE RESOLUTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.

  1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
  • Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the Tirupur in the state of Tamilnadu, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Tirupur shall have exclusive jurisdiction over any disputes arising between the Parties.