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Terms & Conditions

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Welcome To Ethnikala

                                                   Terms of Use

INDEX

What’s in these terms?

This index is designed to help you understand our Terms of Use (Terms). We hope this serves as a useful guide, but please ensure you read the Terms in full.

  1. Welcome to EthniKala!
  2. User Account, Password, and Security
  3. Services Offered
  4. Correspondence
  5. User Conduct and Rules on the Platform
  6. Contents Posted on Platform
  7. Disclaimer of Warranties and Liability
  8. Product Delivered
  9. Payments
  10. Indemnity
  11. Trademark, Copyright and Restriction
  12. Intellectual Property
  13. Limitation of Liability
  14. Intellectual Property Complaints
  15. Termination
  16. Jurisdictional Issues/worldwide sale
  17. Governing Law
  18. Cart Notification
  19. Multiple Merchants
  20. Disclaimer
  21. Cancellations
  22. Convenience Fee
  23. Grievance Officer
  24. Miscellaneous
  25. Changes To Terms of Service
  26. COOKIES

 

Date: - 09/11/2023

Terms of Use

Welcome to EthniKala!

  • "Welcome to our website for ethnic wearables online store which hosts a variety of Bharatiya traditional Ethnic wear and accessories and showcases the Kala i.e Art of the Indian Artisans who silently carry on the legacy of Bharat’s Art in collaboration with/ employment at their local retailers/manufacturers. By browsing, accessing, or using our site, you acknowledge your acceptance to the terms and conditions stated herein. You also consent to comply with all applicable laws and regulations. Our website and goods are presented for personal, non-commercial use. All content, graphics, photographs, and illustrations are the exclusive property of our website. Unauthorized use or duplication is strictly prohibited. The data presented on this site is for informational purposes only. Though we strive to ensure preciseness, errors may exist and we do not guarantee the accuracy, reliability, or completeness of the site's content. Our site may contain external links, which do not indicate endorsement of any third-party products or services. We reserve the right to alter these terms and conditions periodically without notice. Your continued usage of our site following such changes indicates your acceptance of these alterations. Please discontinue use if you do not agree with these terms."
  • This document is an electronic record in terms of the Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 which requires publishing the rules and regulations, privacy policy and Terms of Use for access or usage of EthniKala marketplace platform - www.ethnikala.in(hereinafter referred to as "Platform")
  • The Platform is owned by AGARWAL DIGICOMMERCE PRIVATE LIMITED, having its registered office at WeWork, DLF Two Horizon Centre, 5th Floor, DLF Phase 5, GURUGRAM, GURUGRAM, HARYANA, 122002.
  • Your use of the EthniKala and its services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the EthniKala including the applicable policies which are incorporated herein by way of reference. By mere use of the EthniKala, You shall be contracting with AGARWAL DIGICOMMERCE PRIVATE LIMITED, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with EthniKala.
  • For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing data while registering on the Platform as a Registered User. The terms "EthniKala", "We", "Us", "Our" shall mean AGARWAL DIGICOMMERCE PRIVATE LIMITED and its affiliates.
  • When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. 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 Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by EthniKala Policies including but not limited to Privacy Policy as amended from time to time.

User Account, Password, and Security

  • User Account: As part of our services, you agree to create a user account. You warrant that all information provided is accurate and up-to-date. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, misrepresentation may result in the termination of your account.
  • Password: You are responsible for maintaining the confidentiality of your password and account. Any unauthorized use or security breach must be reported promptly. The password must contain a combination of alphabets and numbers and one special character.
  • Security: We use advanced security measures to protect your data. However, you acknowledge that transmission over the internet is not completely secure. Therefore, we cannot 100% guarantee the security of any information you transmit to us.
  • By agreeing to these terms, you accept responsibility for all activities that occur under your account. In the event of a device being associated with multiple logins or sign-ups, as a measure to enhance customer’s security and privacy as well as safeguarding your sensitive information for any potential risks, EthniKala sometimes consider moderating users and their association with devices while using the EthniKala app or website. Any violation of these terms may lead to suspension or termination of your account. Immediate notification to us is required upon suspected unauthorized use of your account, or in the event of any known security breach.

Services Offered

By using the EthniKala online store ("Store"), you agree to abide by the following:

  • The Store offers a shopping platform for ethnic apparel and accessories ("Products").
  • The Products can be purchased through the Platform through various methods of payment offered.
  • By using our services, you affirm you are at least 18 and legally eligible to enter into an agreement.
  • You are responsible for maintaining the confidentiality of your account and password.
  • All content displayed on the Store is the property of EthniKala and cannot be copied or reproduced without express consent.
  • EthniKala does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
  • The Store reserves the right to refuse service, terminate accounts, or cancel orders at its discretion.
  • You agree not to engage in any activity that interferes with the Store and its services.
  • Prices for Products are subject to change without notice.
  • EthniKala is not liable for any harm or damages related to the purchase or usage of Products.
  • These Terms are governed by the laws of the country where EthniKala is based.

Your use of the Platform implies your agreement to these terms. These Terms of Use may be further supplemented by Product-specific conditions, which may be displayed with that Product. Please review them carefully.

Correspondence

  • All communications must be respectful, professional, and adhere to legal guidelines. Trollish behaviour, harassment, or the use, promotion, or sale of illegal products are strictly prohibited.
  • EthniKala reserves the right to monitor, record, store, and use any communication between users and the platform for various purposes, including improving our services, ensuring terms compliance, and resolving disputes.
  • EthniKala may communicate with you by email, WhatsApp or by such other mode of communication, electronic or otherwise.
  • All communication content, including feedback and suggestions, becomes the intellectual property of EthniKala. EthniKala may use this content for marketing or other purposes without compensating the user.
  • You agree not to violate copyright, trademark, or other intellectual property rights when communicating on EthniKala or otherwise.
  • Violation of these terms may result in corrective measures including, but not limited to, account restriction, suspension, or termination.

EthniKala holds the right to change these terms without prior notice. It's your responsibility to check this section regularly for updates. Please remember, that your conduct reflects on all users. Abide by these terms to enjoy a smooth, secure user experience on EthniKala.

User Conduct and Rules on the Platform

  • EthniKala's online platform is designed to offer users a seamless shopping experience for purchasing ethnic Apparels and accessories. Users are expected to conduct themselves in a responsible and respectful manner. Any form of harassment, abusive language or behaviour is strictly prohibited. Users must refrain from posting any falsified, misleading, or unlawful information. Users are also barred from committing any actions that violate another's rights such as copyright or trademark violations. Users should not engage in any activities that could harm the functionality of the platform including but not limited to introducing viruses or other harmful codes. EthniKala reserves the right to take necessary action, including removal of content or terminating access, against users who violate these terms. These terms are subject to change without any prior notification; users are requested to review them periodically.
  • EthniKala does not facilitate business-to-business transactions between Sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of the input tax credit.
  • You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuse any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of EthniKala.
  • You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads EthniKala by sharing multiple address and phone numbers or transacting with malafide intentions.
  • 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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
  • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
  • 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 Sales Tax/VAT, 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.
  • From time to time, merchants shall be responsible for providing information relating to the products or services proposed to be sold by merchants. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
  • Both merchants and buyers shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
  • The Content posted does not necessarily reflect EthniKala views. In no event shall EthniKala 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 Platform. 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.

You agree to abide by the following terms and conditions while utilizing our platform:

  1. Users must not engage in unlawful, inappropriate, or fraudulent activity. Representation of counterfeit/unauthorized goods or services is strictly prohibited.
  2. Users will refrain from uploading, sharing, or disseminating content that infringes upon others' rights, is offensive, obscene, defamatory, or violates local/national/international laws.
  3. Commercial activity unrelated to EthniKala's services or products and the promoting or marketing of any third-party product is not permitted without prior written approval.
  4. Users are to respect intellectual property rights and trademarks. Any activity that infringes upon EthniKala's trademarks, logos, or proprietary information will be addressed on immediate notice.
  5. Any action intending to disrupt, damage, degrade, or inhibit the usability of our platform or to fraudulently manipulate our services is forbidden.
  6. 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, ethically 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 Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform 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 Platform 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
  1. In order to maintain a fair and secure usage experience, the following conditions are set forth. Any user may be considered as fraudulent or causing a loss to the business due to fraudulent activity, if:
  • The user creates multiple accounts with identical or misleading information to manipulate or take unfair advantage of our systems.
  • The user engages in any action intended to disrupt or interfere with the proper functioning of our services.
  • The user deliberately provides incorrect or misleading information during registration or transactions.
  • The user uses our services or platform with the intent to deceive, harass, or harm the business or any other user.
  • Unusual or suspicious activity is detected that suggests a potential breach of these conditions.
  • Products ordered are not for self-consumption but for commercial resale
  • Multiple orders placed for the 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.
  • Violations of these criteria may result in immediate termination of the user's account and/or access to our services. Legal action may also be taken based on the extent of fraud or disruption caused. It remains our right to define what accounts for fraudulent activity. This policy serves to protect the integrity and security of our business and services.
  • Users don't reply to the payment verification mail sent by EthniKala
  • Users fail 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 of causing loss to business/revenue to EthniKala.
  • User with excessive returns.
  • Repeated request for monetary compensation for fake/used order.

“EthniKala reserves the right to amend these terms, withdraw access, or take legal action against violators of these terms. Please share responsibly and respect our community."

Contents Posted on Platform

  • Acceptance of Terms: By accessing or using EthniKala's online platform, you agree to abide by these terms of use.
  • Content Usage: The content posted on EthniKala's online platform, including the images, product descriptions, logos, and graphics, are owned by EthniKala or its content providers. Unauthorized usage of our content or our content providers is strictly prohibited.
  • Modification Rights: EthniKala reserves the right to modify or update the contents without prior notice.
  • User Responsibilities: Users are responsible for their actions while using our platform. Any violation of our terms of use or any illegal activities may lead to termination of access.
  • Copyrights: All contents are protected by copyright laws. Copying, distributing, or modifying the content without EthniKala's express permission is prohibited.
  • Liability: EthniKala is not responsible for any damages or losses arising out of use or inability to use our platform. Use of the platform is at your own risk.
  • Disputes: Any disputes arising out of these terms of use will be handled as per applicable laws in the jurisdiction of EthniKala's operation.

Your continued use of our online platform signifies your acceptance of these terms of use.

Disclaimer of Warranties and Liability

  • Disclaimer of Warranties: All products and services offered on EthniKala are provided "as is" without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose.
  • Limitation of Liability: In no event shall EthniKala be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in action in contract or tort, arising from your access to, or use of, our platform.
  • By accessing or using the EthniKala online platform for ethnic Apparels and accessories, you acknowledge that you accept the risks of any transactions undertaken. EthniKala grants no warranty, either express or implied, pertaining to the quality, fitness, or availability of products purchased. Although we strive for complete customer satisfaction, we hold no liability for any harm or damages resulting during your use of this platform, whether due to inaccuracies, misinformation, or transaction mishaps. EthniKala reserves the right to change content, products, and prices without notice. Cancellations or refunds are subject to our discretion and policy in effect. By using our platform, you accept this disclaimer of warranties and limitation of liability in full; otherwise, refrain from using our platform. Use of this platform is for personal, non-commercial use only. Unauthorized use may give rise to a claim for damages or criminal offences. Rights not expressly granted herein are reserved by EthniKala. By using our platform, you acknowledge you fully understand and agree to these terms. EthniKala reserves the right to make changes to its site and these disclaimers, terms, and conditions at any time.

Product Delivered

  • By using our services, you agree to the following terms. In the event of any query or concern related to the product, you must raise it within 24 hours of the product's collection. If we do not receive any communication within the specified timeline, it will be assumed that the service was provided to your satisfaction completely. Any claims or complaints brought up after the 24-hour period will not be considered valid or actionable. It is your responsibility to thoroughly check the product and raise any concerns promptly. By using our services, you agree to comply with these timeframes for communication. Your understanding and cooperation are highly appreciated.

Payments

  1. While engaging with any of the payment methods that are made available on our Platform, please be advised that we will not assume or hold any responsibility in accordance with any loss or damage that you incur. This includes but is not limited to, losses or damages arising directly or indirectly from your usage of these payment methods. Our role is strictly limited to providing a secure platform for financial transactions. Any issues, disputes, or concerns that arise with these transactions should be directed to the relevant financial institution or service provider rather than us. By using our Platform and the payment methods provided, you hereby affirm your understanding and acceptance of these terms.
  2. While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
  • Lack of authorization for any transaction/s, or
  • Exceeding the preset limit mutually agreed by You and between 'Bank/s', or
  • Any payment issues arising out of the transaction, or
  • Decline of transaction for any other reason/s

 

  1. All payments made against the purchases/services on the Platform by you shall be compulsorily in the currency of that country and it is on the payment gateway to convert the currency into rupees acceptable in the Republic of India.
  2. Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
  3. You have specifically authorized EthniKala or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or from other Users in respect of transactions through the Payment Facility. Your relationship with EthniKala is on a principal-to-principal basis and by accepting these Terms of Use you agree that EthniKala is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on EthniKala's Platform that are paid for by using the Payment Facility. EthniKala does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
  4. You understand, accept and agree that the payment facility provided by EthniKala is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the EthniKala Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, EthniKala is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
  5. Payment Facility for Buyers: You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
  6. You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
  7. You, as a Buyer, shall electronically notify Payment Facility using the appropriate EthniKala Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
  8. You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
  9. You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
  10. Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
  11. For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
  12. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
  13. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
  14. Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
  15. Refund shall be conditional and shall be with recourse available to EthniKala in case of any misuse by Buyer.
  16. We may also request you for additional documents for verification.
  17. Refund shall be subject to Buyer complying with Policies.
  18. EthniKala reserves the right to impose limits on the number of Transactions or Transaction Price which EthniKala may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
  19. EthniKala reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with EthniKala or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
  20. EthniKala may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of EthniKala. As a result of such check if EthniKala is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, EthniKala shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of EthniKala.
  21. EthniKala may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if EthniKala deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, EthniKala may hold Transaction Price and Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
  22. The Buyer and Seller acknowledge that EthniKala will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of EthniKala.
  23. Compliance with Laws: As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 50000/- the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
  24. Buyer and Seller 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 Payment Facility and EthniKala Platform.
  25. Buyer's arrangement with Issuing Bank: All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
  26. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank

Indemnity

  • The user ('You') agrees to indemnify, defend and hold harmless, the Company, its affiliates, officers, directors, employees, and agents from any claim, demand, losses, damages, or expenses (including reasonable attorney fees) arising out of or relating to your use of our services or violation of these Terms of Use. Your indemnification obligation will survive the termination of these Terms of Use and your use of our services. Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms is deemed invalid or unenforceable by a court, the remaining provisions will remain in effect. These Terms constitute the entire agreement between us regarding our service.
  • By accessing, browsing or using our services, you agree to indemnify, defend, and hold harmless our company, its subsidiaries, affiliates, partners, officers, directors, employees, contractors, service providers, agents, and licensors, from and against any loss, liability, claim, demand, damages, expenses or costs (including reasonable attorneys' fees) arising from or related to your violation of these terms, your use of our services, or your infringement of any third-party rights, including intellectual property rights. This indemnity applies to all claims, whether known or unknown, and whether currently in litigation or not. You agree to promptly notify us of any such claim and cooperate fully in the investigation and defence of such claim.

Trademark, Copyright and Restriction

  • Trademark: All trademarks, logos, Pictures, sounds, and service marks displayed on this platform belong to us or third-party entities. No user is permitted to use these marks without prior written consent from the respective owners. Unauthorized use may lead to legal consequences.
  • Copyright: All information, content or material on this platform is our intellectual property or is licensed to us. Unauthorized modification, distribution, or reproduction of this content constitutes copyright infringement, punishable under law.
  • Restriction: Users are strictly prohibited from engaging in unauthorized use, distribution, or replication of any information on this site. Any violation of these terms will result in immediate termination of service and could result in further legal action.
  • The platform is controlled and operated by EthniKala and products are sold by respective Sellers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on EthniKala is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other EthniKala or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty-free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purposes. By accessing our platform, you agree to comply with these terms. Failure to comply with these terms warrants legal intervention and possible penalties. This site reserves the right to make changes to the Terms of Use at any time. Please regularly review these terms to stay informed about any changes made.

Intellectual Property

  • All content presented on this website, including but not limited to, logos, images, text, designs, graphics, and data (collectively, "Content"), is owned by EthniKala and protected by intellectual property laws. Unauthorized duplication, redistribution, reproduction or usage without explicit consent from EthniKala is strictly prohibited. By accessing and using this website, you agree to respect and abide by these terms. Any misuse or infringement may lead to legal action. Your use of our content, other than as specifically authorized, is a violation of our intellectual property rights. We reserve the right to terminate your access if these terms are violated. Your adherence to these terms of use signifies your acknowledgement and agreement to our intellectual property ownership.

Limitation of Liability

  • By using our services, you agree that EthniKala (hereinafter “we”, “us”, or “our”) shall not be considered liable under any circumstances for indirect, punitive, incidental, special or consequential damages. This extends to all damages and losses, including, but not limited to, loss of profits, revenue or data, resulting from the use, inability to use, or performance of our services, even if we have been advised of the potential damages. If, regardless of the prior provision, liability is imposed on us, you agree that our total liability to you will not exceed the amounts paid by you in the 1 month prior to the incident leading to the claim. Please use our services responsibly. Your acceptance of these Terms of Use indicates your acknowledgement and agreement to these terms.

Intellectual Property Complaints

Your use of the 'EthniKala' platform ("Platform"). By accessing or using the Platform, you agree to these Terms.

  • Intellectual Property: All content available on the Platform including trademarks, logos, images, text and designs ("Content") is owned by EthniKala and/or its content creators. Any unauthorized use is strictly prohibited.
  • IPR complaints: If you believe that your intellectual property rights have been violated by any Content on the Platform, please submit a detailed complaint to ('Contact Email'), including evidence of ownership and specifics of alleged infringement.
  • Actions: Upon receiving a valid complaint, EthniKala reserves the right to remove the disputed Content or deny access to it. In case of repeated violations, EthniKala may disable the account responsible.
  • Your Agreement: By using the Platform, you agree to respect all intellectual property rights and to comply with these Terms. In case of any dispute, the decision of EthniKala will be final.
  • Changes: EthniKala reserves the right to modify these Terms without prior notice. It is the user's responsibility to review these Terms regularly.

Termination

  • You hereby acknowledge and agree that we, at our sole discretion, may terminate these Terms of Use, with or without notice to you for any reason or no reason, including but not limited to your violation of the terms or misuse of our services. Upon termination, you will discontinue all use of our services promptly. We reserve the right to block access to our services or delete your account without prior notice. Any obligations or liabilities incurred prior to termination shall survive and continue to be enforceable post-termination. Termination of your access and use of our services shall not relieve you from any obligations arising or accruing before such termination.

Jurisdictional Issues/ worldwide sale

  • These Terms of Use are governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the Indian courts. This site is controlled and operated from India, and we make no representation that the material and information are appropriate or will be available for use in other locations. Unless otherwise explicitly mentioned, all marketing, sales promotions/details/products/services listed are intended solely for individuals residing in India or for transactions concluded within India. Persons residing, incorporated, or otherwise located outside of India who wish to access the site should do so at their own risk and are responsible for compliance with any applicable local laws. Unauthorized use is strictly prohibited and may be punishable under the IT Act of India, 2000.

 

Governing Law

  • These Terms of Use shall be governed by and construed in accordance with the laws of INDIA. By using our services, you expressly agree that any legal proceedings arising out of your use of our services will be brought solely in the jurisdiction of courts located within Gurgaon, Haryana. In the event of any dispute arising from your usage of our services, you also agree to comply with the laws of the Gurgaon, Haryana and abide by the decisions of these courts. Any failure to comply with the concerned laws or any violation of these Terms of Use may result in severe legal consequences. Please consult with a lawyer in case of any uncertainties or disputes.

Cart Notification

  • These terms govern the use of the Cart Notification feature on the EthniKala platform (the "Feature"). By using this feature, you are consigning to these terms and conditions.
  • The Cart Notification feature is provided to help track ethnic wearables placed in your online shopping cart on the EthniKala platform.
  • EthniKala reserves the right to modify, update, or discontinue this Feature at any time without notice.
  • The use of this Feature does not guarantee the availability of items in your cart.
  • Applying this Feature does not obligate you to make a purchase.
  • EthniKala is not responsible for any technical issues that may result in the inability to receive Cart Notifications.
  • Misuse of the Cart Notification feature is a breach of these terms and may lead to features restriction.
  • By using this feature, you agree to abide by these terms of use and understand these terms may be updated at EthniKala’s discretion.

Disclaimer

  • Users agree to utilize this platform exclusively for the purchase of ethnic Apparels & Accessories. Whilst we endeavour to maintain the accuracy and reliability of the information provided, EthniKala does not make any warranties about the completeness or accuracy of product information or its suitability for any particular purpose.
  • The products' appearance and colours may vary slightly from the images displayed on site due to lighting or screen display variations. EthniKala will not be held responsible for any discrepancies.
  • The user agrees and acknowledges that any claims regarding order delivery (including non-receipt/non-delivery of order or signature verification) shall be notified to EthniKala within 24 hours from the alleged date of delivery of the product reflecting on the EthniKala portal. Non-notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. EthniKala disclaims any liability or responsibility for claims regarding non-delivery, or non-receipt of order (including signature verification in Proof of delivery) after 24 hours from the alleged date of delivery of the product reflecting on the EthniKala portal.
  • EthniKala reserves the right to make changes to the platform, policies, and these terms of use at any time without prior notice. By using the platform, you agree to be bound by any such revisions and should therefore periodically visit this page to ascertain the current terms of use. Misuse of the platform will lead to the termination of access privileges.
  • Please consult our Privacy Policy for information about data usage. Using EthniKala signifies your acceptance of these terms.

Cancellations

  • By using the EthniKala platform (“site” or “service”), you agree to abide by these terms regarding cancellation of orders for our ethnic wearables. Orders may be cancelled prior to shipment only.
  • Initiate cancellation by contacting our support team at “support@ethnikala.in”.
  • Any cancellation must be made within 5 hours of order placement. Past this period, cancellations are not guaranteed and are subject to approval.
  • If your order has already been shipped, cancellation is no longer applicable and you must refer to our Return/ Refund/ Replacement policy.
  • Refunds on cancellations will be processed within 14 business days to the original mode of payment.
  • EthniKala reserves the right to alter or update these cancellation terms without prior notice. Continued use of the service following any changes signifies your acceptance of the new terms.
  • Your use of the EthniKala platform represents your acceptance and commitment to these terms. If you do not agree with these terms of cancellations, please refrain from placing an order.

 

 

Convenience Fee

  • Services and Fees: EthniKala provides an online marketplace for purchasing ethnic Apparels and accessories. A Convenience Fee is applied for this service.
  • Convenience Fee: This fee is non-refundable and is applied to each transaction on the EthniKala platform.
  • Adjustments: EthniKala reserves the right to modify the Convenience Fee at any time, at its discretion. Any such changes will be posted on our platform.
  • User Obligations: As a user, you consent to comply with all applicable laws and regulations regarding your use of our platform and your purchase of products.
  • Violation: Non-compliance with these terms may result in termination of access to EthniKala's services.
  • Agreement: By utilizing our platform, you agree to the charges described, recognizing that they constitute part of the total cost. EthniKala is not liable for any indirect or consequential losses that occur from purchasing the products.

 

 

Grievance Officer

In accordance with the Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

  • Name: Kushal Agarwal
  • Designation: Director
  • At: WeWork, DLF Two Horizon Centre, 5th Floor, DLF Phase 5,

       GURUGRAM, GURUGRAM, HARYANA, 122002

  • Contact us: info@ethnikala.in
  • Phone: 9773700256
  • Time: 02:00 PM to 04:00 PM

Customer Support: You can reach our customer support team to address any of your queries or complaints by clicking the link, selecting your order:

Miscellaneous

  • EthniKala shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from, or in any manner connected with any of the Services provided by us.
  • EthniKala is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond EthniKala’s reasonable control.
  • You may not assign or transfer these Terms, by operation of law or otherwise, without EthniKala’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect from the beginning. EthniKala may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and ensure to the benefit of the parties, their successors, and permitted assigns.
  • EthniKala reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) provided by us with or without notice. You agree that EthniKala shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Services. It is Your responsibility to review these Terms periodically for updates/changes.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by us, including any intellectual property rights of EthniKala or any person firm or corporation having posted information for availability through the Services provided by us.
  • You agree that in the event Your post or Your information violates any provision of this Terms, we shall have the right to refuse to provide You or any person acting on Your behalf, access to the Site and Application, terminate and/ or suspend Your access if applicable in the future.

Changes To Terms of Service

  • You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our app/website. It is your responsibility to check our app/website periodically for changes. Your continued use of or access to our app/website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

COOKIES

  • A cookie is a piece of software code that an internet website sends to your browser when you access information at that site/application. A cookie is stored as a simple text file on your computer or mobile device by a website’s server and only that server will be able to retrieve or read the contents of that cookie. Cookies let you navigate between pages efficiently as they store your preferences and generally improve your experience of a website. EthniKala uses the following types of cookies to enhance your experience and interactivity:
  • Analytics cookies for anonymously remembering your computer or mobile device when you visit our website/application to keep track of browsing patterns.
  • Service cookies for helping us to make our website work efficiently, remembering your registration and login details, setting preferences, and keeping track of the pages you view.
  • Non-persistent cookies a.k.a per-session cookies. Per-session cookies serve the technical purpose of providing seamless navigation. These cookies do not collect personal information on users and they are deleted as soon as you leave our website/application. The cookies do not permanently record data and they are not stored on your computer’s hard drive. The cookies are stored in memory and are only available during an active browser session. Again, once you close your browser, the cookie disappears.
  • You may note additionally that when you visit or download EthniKala, you may be required to accept cookies. If you choose to have your browser refuse cookies, it is possible that EthniKala may not function properly.

YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

 

Effective as of                       date-09/11/2023

 

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