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Terms of Service
by punem Before you may use the Site, you must read and accept all of the terms and conditions in and linked to, this Terms of Service ("TOS") and the linked Privacy Policy. This TOS is effective upon acceptance. If this TOS conflicts with any other document, the TOS will prevail for the purposes of usage of the Site. You may only use certain portions of the Site if you are a Fashion and You registered buyer or seller. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site in any way.
1. Description of Services
In the Site, Fashion and You provides users with access to sales of luxury and high fashion items online (the "Service").
2. License and Site Access
Fashion and You grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Fashion and You’s sole discretion) an unreasonable or disproportionately large load on Fashion and You’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Fashion and You to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Fashion and You.
3. Membership Eligibility
The FashionandYou.com Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Fashion and You for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Fashion and You.com account to another party. If you do not qualify, you may not use the Fashion and You.com Service or the Site.
4. Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Fashion and You has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fashion and You has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Fashion and You immediately of any unauthorized use of your account or any other breach of security. Fashion and You reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
5. Pricing Information
While Fashion and You strives to provide accurate product and pricing information, pricing or typographical errors may occur. Fashion and You cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Fashion and You shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Fashion and You may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Fashion and You will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Fashion and You accepts your order the same shall be debited to your credit card account. The payment may be processed prior to Fashion and You dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
We strive to provide you with the best prices possible on products you buy from Fashion and You, however, Fashion and You does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.
6. Cancellation by Fashion and You
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
7. Cancellations by the Customer
In case of requests for order cancellations, Fashion and You reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us. Fashion and You has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Fashion and You and accept Fashion and You's decision regarding the cancellation.
8. Fraudulent /Declined Transactions
Fashion and You reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Fashion and You reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.
9. Credit Card Details
You agree, understand and firm that the credit card details provided by you for availing of services on Fashion and You will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Fashion and You. Further the said information will not be utilized and shared by Fashion and You with any of the third parties unless required for fraud verifications or by law, regulation or court order. Fashion and You will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
10. Submitted Content
Fashion and You does not claim ownership of any materials you make available through the Site. At Fashion and You’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Fashion and You a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
FASHION AND YOU DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN FASHION AND YOU, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL FASHION AND YOU BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
12. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FASHION AND YOU 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 FASHION AND YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
13. Indemnity
You agree to indemnify and hold Fashion and You (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
14. Electronic Communication
When you use the Site or send emails to Fashion and You, you are communicating with Fashion and You electronically. You consent to receive communications from Fashion and You electronically. Fashion and You will communicate with you by email or by posting notices on the Site. 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.
15. Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Fashion and You is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Fashion and You 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 Fashion and You purporting to speak on behalf of Fashion and You or containing confidential information or expressing opinions concerning Fashion and You.
(vi) Messages that offer unauthorized downloads of any copyrighted or private information.
(vii) Multiple messages placed within individual folders by the same 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 FashionandYou.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using FashionandYou.com 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.
16. Links
The Site or third parties may provide links to other World Wide Web sites or resources. Because Fashion and You has no control over such sites and resources, you acknowledge and agree that Fashion and You 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 Fashion and You 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.
17. Access To Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
18. Modifications and Notification of Changes
Fashion and You reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. If Fashion and You makes a material modification to this TOS, it will notify you by:
(i) sending an email to the address associated with your account. Fashion and You is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add FashionandYou.com to the list of domains approved to send you email (commonly known as your "whitelist"); and
(ii) displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days,
with (i) and (ii) being deemed sufficient notification, of such changes.
After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line "Termination" to the following email address: support@fashionandyou.com. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.
19. Trademarks
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Fashion and You and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Fashion and You or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. 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 for commercial or public purposes.
20. Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
21. General
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor 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 Fashion and You may offer special promotional offers which may or may not apply to your Fashion and You 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 Fashion and You. This TOS and the relationship between you and Fashion and You will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India. The failure of Fashion and You 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. Fashion and You does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Fashion and You and governs your use of the Site, superseding any prior agreements between you and Fashion and You with punemsexesena@gmail.com.
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