Terms & Conditions
“The products and services available at www.yes2fashion.com ("Site"), are offered by independent vendors through BAB Retail Private Limited("Yes2fashion") web portal and is accessed by you ("User") under the following terms and conditions:”
1. ACCESS TO THE SERVICES
Subject to the terms and conditions of this agreement ("Agreement"), Yes2fashion, its subsidiaries, affiliates, associate companies, consultants, advisors, partners and suppliers may offer to provide certain information, products and services including but not limited to communications tools, forums, shopping services, search services, as described more fully on the Site, and which are selected by User through the Site or through SMS and/ or email and/ or process or various medium or device ("Services") whether now known or hereafter developed, solely for User's own use, and not for the use or benefit of any third party conditioned on User's acceptance without modification of the terms, conditions and notices contained herein. User's use of this Site and/ or Services constitutes User's agreement to all such terms, conditions and notices. The information and Services offered on this Site or through other mediums should not be considered as a substitute for professional advice. User's use of the Site and/ or Services is subject to the additional disclaimers and caveats that may appear throughout the Site. Yes2fashion, its associate companies, its consultants, authors, partners, suppliers, printers and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that the User take based on the information, Services or other materials or products on this Site. While Yes2fashion strives to keep the information relating to the various services/products offered on this Site and/ or Services accurate, complete and up-to-date, Yes2fashion, its subsidiaries, affiliates, associate companies, consultants, partners, agents and suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. Yes2fashion may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content on the Site. Yes2fashion may also impose limits on certain features and Services or restrict User's access to parts or all of the Services without notice or liability to the Users. Yes2fashion reserves the right, at its discretion, to modify this User Agreement at any time. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this user agreement as modified. By accessing or using the Site, User agrees to be bound by this Agreement.
User certifies that if User is an individual (i.e., not a corporation), User is at least 18 years of age. In the event the User is below 18 years, Minors Users can create an account with Yes2fashion by choosing, Yes2fashion’s "I like Mom/Dad pay feature or alternative payment options". User also certifies that he/ she is legally permitted to enter into this Agreement and to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. If User is buying and/or availing goods and/or Services, User further warrants that User has legal authority to enter into other binding agreements for the purchase and/or use goods and/or Services. User agrees to be financially responsible for all of User's use of the Services and access of the Site (as well as for use of User's account by others, including without limitation minors living with User). User agrees and undertakes to supervise and be responsible for all usage of minors of the Services and access of the Site under User name or account. User also warrants that all information supplied by User or members of User's household in using the Services and accessing the Site, including without limitation User's name, email address, street address, telephone number, mobile number, credit card number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the services.
2. SITE CONTENT
The Site and its contents may only be used in accordance with the terms of this Agreement. All products/materials displayed or performed on the Site (including, but not limited to, new products, software, music equipments, paintings, images, or other materials, also known as the "Content") are protected by copyright, trademark, trade secrets and other intellectual property rights owned by Yes2fashion, its subsidiaries, associate companies, consultants, partners, agents, suppliers, licensed content provider. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to Indian Copyrights laws, international conventions, and other worldwide copyright laws.
Yes2fashion undertakes to obey all copyright laws. Yes2fashion undertakes to review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any such laws.
Yes2fashion requests that, according to standard practice, if a User uses any information available on the Site or the Service for any research that results in an article, a book, or other publication, the User lists Yes2fashion as a resource in user's bibliography and the User shall take prior permission and (1) give proper credit and ensure that Yes2fashion copyright notice appears on all copies; (2) no documents or graphics, including logos, available from the Site and/ or Services are modified in any way. Yes2fashion neither warrants nor represents that use of products by User will not infringe the rights of third parties not owned by or affiliated with Yes2fashion. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
User warrants, represents and agrees that it will not upload, post, email, comments, suggestions, questions, ideas, or send e-cards or other communications that is:
(i) infringing, libelous, defamatory, obscene, pornographic, abusive, harmful, threatening, harassing, tortuous, offensive, hateful, or racially, ethnically or otherwise objectionable, misleading or violates any law or right of any third party;
(ii) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
(iii) 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;
(iv) "stalk" or otherwise harass another user; and/or
(v) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (i) to (iv) above.
User acknowledges that Yes2fashion may or may not pre-screen Content, but that Yes2fashion and/ or its designees reserves the right (but not the obligation) to pre-screen, refuse or remove any Content, products from the Site and/ or Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties or authorities relating to such Content or if Yes2fashion is concerned that User may have breached the immediately preceding sentence), or for no reason at all.
Yes2fashion logos, product and servicemarks and/ or names are trademarks owned by Yes2fashion (the "Marks"). Without the prior written permission of Yes2fashion, or its appropriate affiliates, User agrees not to display or use in any manner, the Marks. Nothing contained in this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Marks without the express written permission of Yes2fashion or such third party. All other trademarks are the property of their respective owners.
User's misuse of the products, material and/or Marks on the Site and/ or Services and in its Contents, except as provided in this Agreement, is strictly prohibited. User is advised that Yes2fashion will aggressively enforce its intellectual property rights in the Site and/ or Services and its Contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User's risk as to costs and consequences.
User is responsible for all of its activity in connection with the Services and accessing the Site. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site and/ or Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other Yes2fashion user. As a condition of use of this Site and/ or Service, User warrants to Yes2fashion that User will not use this Site and/ or Service for any purpose that is unlawful or prohibited by these terms, conditions, notices and/ or by the applicable law. Also, User must not harass, intimidate or impersonate other Yes2fashion users or use any information obtained from the service in order to do so.
User shall not use the Site and/ or Services in any manner which could damage, disable, overburden, or impair the Site and/ or Services (or the network(s) connected to the Site and/ or Service(s)) or interfere with any other party's use and enjoyment of any Site and/ or Service(s). User shall not attempt to gain unauthorised access to the Site and/ or Services, other accounts, computer systems or networks connected to the Site and/ or Services, through hacking, phishing, password mining or any other means (whether now known or hereafter developed or invented). Use of the Site and/ or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are infringing, libelous, defamatory, pornographic, abusive, offensive, misleading, threatening, obscene, or engage in any kind of illegal activity is expressly prohibited. If User violates any of these terms, User's permission to use the Site and/ or Services automatically terminates and User may be subjected to criminal and civil liability.
4. WARRANTY DISCLAIMER
Yes2fashion has no special relationship with or fiduciary duty to User. User acknowledges that Yes2fashion has no control over, and no duty to take any action regarding: which user gain access to the Site and/ or Services; what products, content User accesses and/ or uploads, posts, emails, transmits and/ or otherwise contribute via the Site and/ or Services; what effects the products, content may have on User and/ or any third party; how User may interpret or use the products or what actions User may take as a result of having been exposed to the products or content. User releases Yes2fashion from all liability for User having acquired or not acquired products, content through the Site and/ or Services. The Site and/ or Services may contain, or direct User to sites and/ or services containing, information that some people may find offensive or inappropriate. Yes2fashion makes no representations concerning any content contained in or accessed through the Site and/ or Services, and Yes2fashion will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the products, material contained in, or accessed or purchased through the Site and/ or Services. The Services, products, materials, information, content, Site and/ or any software are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.
Although Yes2fashion has taken adequate safeguard, Yes2fashion makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site and/ or for the Services or any web-site linked to the Site. Yes2fashion will not be liable for the privacy of User's name, email addresses, street address, telephone number, mobile number, credit card number, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Yes2fashion's equipment, transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services.
User's use this Site and/ or Services at his/ her own risk. It is expressly provided that no goods once sold and/or services availed will be replaced by Yes2fashion unless expressly provide herein and/ or on the third party websites from which the Products and/ or Services were purchased.
Changes are periodically made and added to Site and to the information herein. Yes2fashion, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes to this Site at any time.
The Site and/ or Services contain views, opinions and recommendations of users of the Site and/ or Services, advertisers, third party information providers and organizations. The Site does not warrant, represent or endorse the correctness, authenticity, accuracy, completeness, reliability or validity of any opinion or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the Site and/ or Services. Yes2fashion assumes no responsibility to keep the products, material and/ or Content current, complete, up-to-date, valid, and/or accurate. Yes2fashion shall not be responsible in any manner whatsoever for any errors or omissions in the materials and/ or Content even if such errors or omissions are due to negligence. User acknowledges that any reliance upon any such opinion or information shall be at User's sole risk.
Yes2fashion makes no warranty or representation whatsoever regarding the Site and/ or any Content, advertising, Services and/ or Products provided through or in connection with the Site and/ or Services. User acknowledges that any use of such Content, Services and/ or Products provided through or on the Site and/ or Services shall be at User's sole risk. Yes2fashion expressly states that Yes2fashion shall not be responsible or held liable for any Content, Services and/ or products provided through or in connection with the Site and/ or Services.
Yes2fashion expressly disclaims any and all warranties, express or implied, including, without limitation:
(i) Any warranties as to the availability, accuracy, completeness or content of information, products, Content and/ or Services which are part of the Site and/ or Services;
(ii) Warranties or fitness for a particular purpose, or merchantability or workman effort or title or against infringement. In no event will Yes2fashion, its affiliates, licensors, employees, agents, suppliers or contractors etc., be liable to User for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by the Site, Services, products, its Content or any errors or omissions in its Content, even if advised of the possibility of such damages. The products, materials, consultations and services offered on Site and/ or Services are not to be understood as a substitute for the accurate and appropriate consultation with competent advisers.
(iii) Any information about the product downloaded or otherwise obtained through the use of the Site and/ or Service is accessed at User's own discretion and risk, and User shall be solely responsible for any damage to User's computer system or loss of data that results from the download of any such information.
(iv) The Services and/ or software will be free of all viruses.
(v) The software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.
(vi) Any service will be uninterrupted, timely, secure or error-free for any reasons whatsoever including but not limited to overload / breakdown of receiving network, servers or applications; system failures out of the Yes2fashion’s control or on any days including but not limited to 4th of July, Easter Christmas, Dashera, Diwali, New Year’s Eve, New Year’s Day, Thanksgiving, Valentine’s Day, Holi and Independence day or any other international public holiday due to heavy traffic on network.
5. CHANGES TO SITE
Yes2fashion, its associate companies, affiliates consultants, partners and/or its suppliers reserves the rights to make improvements or changes in the information, Services, Content, products, and other materials on this Site including but not limited to changes associated with the use of Site, or terminate this Site, at any time without notice. Yes2fashion may amend and/ or modify this Agreement at any time, and such amendments and/ or modifications shall be effective immediately upon posting of the amended and/ or modified Agreement. Accordingly, User agrees to review the Agreement periodically, and User access or use of this Site after the amendments and/ or modifications of this Agreement shall be deemed to be User's acceptance of the amended and/ or modified Agreement.
6. REGISTRATION AND SECURITY
As a condition to using certain Services available on the Site, User may be required to register on the Site and select a password and User name, e-mail id or mobile number, or all of them ("Yes2fashion User id"). At the time of registration, User shall provide true, accurate, complete, and updated registration information. The User may even be required to give other information as may be required. User shall refrain from impersonating or falsely representing User's affiliation with any person or entity including association with Yes2fashion. Failure to refrain from doing so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User shall not (i) select or use name, Yes2fashion User id, mobile number and/or mail id, of another person with the intent to impersonate that person; or (ii) use a Yes2fashion User id a name subject to any rights of a person other than User without appropriate authorization. Yes2fashion reserves the right to refuse registration of, or cancel a Yes2fashion User id in its discretion.
7. PAYMENT AND DELIVERY TERMS
(i) Conditions of Sale and Payment Terms. Prior to the purchase of any products and/ or services on the Site, User must provide Yes2fashion with a valid credit/ debit/ cash card number and associated payment information including all of the following:
(a) User name as it appears on the card;
(b) User credit/ debit/ cash card number;
(c) the credit/ debit/ cash card type;
(d) the date of expiration; and
(e) any activation numbers or codes needed to charge User's card. By submitting that information to Yes2fashion, User hereby agrees that User authorizes Yes2fashion to charge User's card at Yes2fashion's convenience. All sales of products and services are final. All charges from those sales are nonrefundable.
(ii) Methods of Payment, Credit/ Debit/ Cash Card Terms and Taxes. All payments must be made by VISA, MasterCard, American Express and other acceptable credit/ debit/ cash cards (each of which may be removed by Yes2fashion in its sole discretion). Payment can be made in the currencies as may be permitted under the Indian Laws. Unless expressly set forth on the Site, Yes2fashion do not accept any other payment form. If Yes2fashion offers or accepts any other form of payment, User hereby agrees to all restrictions, terms and conditions associated with such additional form of payment. User's card issuer agreement governs User's use of User designated card, and User must refer to that agreement and not this Terms of Service to determine User's rights and liabilities as a cardholder. USER, AND NOT YES2FASHION, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO USER'S CREDIT/ DEBIT/ CASH CARD BY A THIRD PARTY. User agrees to pay all fees and charges incurred in connection with User's purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless User notifies Yes2fashion of any discrepancies within fifteen (15) days after they first appear on User's credit/ debit card statement, User agrees that they will be deemed accepted by User for all purposes. If Yes2fashion does not receive payment from User's credit/ debit/ cash card issuer or its agent, User agrees to pay all amounts due upon demand by Yes2fashion or its agents. User is responsible for paying any governmental taxes imposed on User's purchases, including, but not limited to, sales, use or value-added taxes. Yes2fashion shall automatically charge and withhold the applicable sales tax for orders to be delivered.
The User shall comply with all the guidelines and directions of the payment gateway used by the User to purchase the products and /or services from the Site. Further, the payment gateway shall have the right to withhold the amount or return the amount for the transaction identified by the payment gateway as unlawful, unenforceable, non-compliance with the payment gateways requirement and payments made through the card outside the territory authorised for the use of the card.
(iii) Fraud. Yes2fashion actively reports and prosecutes actual and suspected credit/ debit/ cash card fraud. Yes2fashion may require further authorization from User such as a telephone confirmation of User's order and/or other information. Yes2fashion's decision to require further authorization is at Yes2fashion's discretion. Yes2fashion reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected.
Yes2fashion captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Yes2fashion's order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. Yes2fashion will cooperate with authorities to prosecute offenders to the full extent of the law.
(iv) Order Acceptance Policy. Yes2fashion hereby informs User that User's receipt of an electronic or other form of order confirmation does not signify Yes2fashion’s acceptance of User's order, nor does it constitute confirmation of Yes2fashion's offer to sell. Yes2fashion reserves the right at any time after receipt of User's order to accept or decline User's order for any reason. Yes2fashion further reserves the right any time after receipt of User's order, without prior notice to User, to supply less than the quantity User ordered of any item. User's order will be deemed accepted by Yes2fashion upon shipment of products or performance of services that User has ordered as indicated by Yes2fashion's servers. Title to goods and all risk of loss passes to User upon delivery to the common carrier. Yes2fashion may require additional verifications or information before accepting any order.
(v) Right To Refuse Or Cancel Order For Mispriced Products Or Services. Yes2fashion shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Yes2fashion shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and User's credit/ debit/ cash card charged. If User's credit/ debit/ cash card has already been charged for the purchase and User's order is canceled, Yes2fashion shall immediately issue a credit to User's credit/ debit/ cash card account in the amount of the charge.
(vi) Modifications to Prices or Billing Terms. Yes2fashion reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the Site or by e-mail delivery to the User. User hereby acknowledges and understands that Yes2fashion is only facilitating the sale of other retailers/alliance partners merchandise and the prices and/ or billing methods for products and/ or services or the delivery policies may be changed by the retailers/alliance partners or the carriers anytime with or without prior notice. On being informed about the change in the prices and/ or billing methods for products and/ or services or the delivery policies, Yes2fashion may require 24 hours to replace or alter the changed price or and/ or billing methods and/ or the delivery policies on the Site.
In the event if the User purchases any products and/ or services on the Site for which the prices or the delivery policies are changed by the retailers/alliance partners or carriers but the revised prices are not updated on the Site at the time of purchase, Yes2fashion may have the right to send an email or SMS to the User, informing the User about the change in the prices and/ or billing methods and/ or delivery policies for products or services already sold and cancellation of the transaction and request the User to confirm the purchase of the products and/ or services at the revised price and/ or billing methods for products and/ or services or the delivery policies. On receipt of such an email or SMS, the User can either confirm the transaction on revised terms or cancel the transaction.
(vii) Price Comparisons, "List Price" and "You Save". Price comparisons may be made throughout the site to indicate the relative savings amounts of Yes2fashion's pricing. "LIST PRICE" is the suggested retail price provided to Yes2fashion by Yes2fashion's suppliers. Yes2fashion makes no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in User's area may be substantially different. As Yes2fashion sell merchandise belonging to various retailers/ alliance partners over the internet on an international basis, it is not possible to know if the merchandise is sold at list price in any particular location or at any particular time. "WHAT YOU SAVE" reflects the difference between Yes2fashion's price and the supplier provided list price shown on the Site. Because the list price may be different than the actual retail prices in User's area, User may not actually realize a savings of this amount and may want to make an exact comparison by checking the prices of other internet or local retailers prior to making a purchase.
(viii) Delivery. Delivery of the products purchased on the Site are made by the seller to the User through it own carrier partner or the carrier partner of Yes2fashion. User agrees that Yes2fashion has no obligation to deliver to User any product which the User has purchased on the Site. User agrees that Yes2fashion may provide to the seller User's shipping address for delivery of the products User has purchased. User agrees to pay the delivery charges in full for any product that User's purchase.
Yes2fashion shall in no way be responsible for late delivery and/or non-delivery of the products to the User and the seller shall comply with the requirements, directions and guidelines of it own carrier partner or the carrier partner of Yes2fashion.
(ix) Marketplace Returns. User cannot return any products purchased by User on the Site to Yes2fashion. User should contact the seller for any product returns that User wish to make. The seller's contact information can be found in User's order detail available in User's account or in the email sent by Yes2fashion to you confirming your order. The User will be bound by the return policy of the seller and shall not hold Yes2fashion liable for any loss that he/ she may incur due to cancellation of the order.
Cash on Delivery
- This Terms and Conditions govern your usage of the Cash On Delivery Services. Your sale of products/ items (" Items ") on www.yes2fashion.com by selecting the Cash On Delivery (" COD ") option, you agree, acknowledge and authorize the Logistic Partner ("LP") to deliver Your Items to Your respective buyer(s) who has transacted with You on yes2fashion Site.
- Your delivery address should be under serviceable network of our courier partner. Please enter correct pin code only to ensure delivery.
- Please pay in cash only and do NOT offer cheque or DD to the courier staff.
- Please do NOT pay for any additional charges i.e. octroi etc. to courier staff even if requested to pay. Your invoice amount is inclusive of all charges.
8. DISPUTE RESOLUTION
It is expressly provided that in the event the User does not receive the product or has received defective or damaged products, or that does not match the description contained on the Site or sites affiliated on the Site, User must contact the seller directly to attempt to resolve the problem. The seller's contact information can be found in User's order detail available in User's account or in the email sent by Yes2fashion to you confirming your order. Yes2fashion will not mediate disputes or contact sellers on User's behalf.
User agrees and understands that Yes2fashion may, at its sole discretion, assist the User in following its claim and that Yes2fashion's decision concerning the claim is final and binding. Without limiting any of its rights or remedies, if Yes2fashion determines that User has directly or indirectly attempted or committed fraud activity with respect to purchase on the Site, Yes2fashion may immediately suspend or terminate User's account and charge User's credit/ debit/ cash card on file to recover any damages and costs incurred in connection with such fraudulent activity. In addition, any such fraudulent activity is a criminal offense and violators will be prosecuted to the fullest extent of the law.
User is prohibited from uploading, emailing, posting, contributing or transmitting any unlawful, threatening, libelous, defamatory, obscene, racial, inflammatory, pornographic, misleading, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Yes2fashion shall fully cooperate with any law enforcement authorities or court order requesting or directing Yes2fashion to disclose the identity of anyone posting any such information or materials. User undertakes to hold harmless and at all times fully indemnify and defend and hold Yes2fashion, its sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors and their respective officers and employees and agents, harmless, from and against any and all costs, losses, claim or demand, losses, damages and liabilities, including costs and attorneys' fees, made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User including, without limitation, copyright and trademark infringement, obscene or indecent postings, and on-line defamation, or any third party using the User's account, of any intellectual property or other right of any person or entity.
10. LIMITATION OF LIABILITY
In no event shall Yes2fashion, its subsidiaries, affiliates, associate companies, consultants, partners, and their respective officers, agents, directors and/or its respective suppliers be liable with respect to the Site, Content, the Services and/ or products
(i) for any amount in the aggregate in excess of the fees or price paid by User; or
All the products purchased from the Site are made pursuant to a shipment contract. And the risk of loss and title for such products shall pass onto the User upon Yes2fashion delivery to the carrier. In the event of loss/shortage/damages in the Product received by the User from carriers/ transporters, te User shall forthwith lodge a claim with the concerned carrier/transporter for such loss, shortage or damage on its or on behalf of the seller and inform the seller about the details of such loss, shortage or damages together with full value. The User and the Seller shall be responsible for settling such claims with the carrier/transporter.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
In the event of a dispute or claim regarding any order or purchase made through the Site, or between you and a seller or other third party related to any order or purchase made through the Site, you hereby release Yes2fashion and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors and their respective officers, directors and employees from all claims, damages or demands of any kind, whether known or unknown, arising out of or in any way connected with such dispute or claim.
Yes2fashion undertakes no obligations for confidentiality of information provided by User and User would do so entirely at User's sole risk. User shall always use caution when giving out any personally identifying information about User in any communication service.
13. INTERNATIONAL USAGE
The Site is designed for and targeted to customers across the world and the disclaimers, terms and conditions of use of the Site are governed by and operated in accordance with the laws of India, without giving effect to any principles of conflicts of laws. Yes2fashion makes no representation that the Site and Services are operated in accordance with the laws of other countries. If the User is located outside India and access or use the Site and Services, the User does so at his/ her own risk, and is responsible for compliance with any applicable local, national or international laws.
This Site may be accessed from countries other than India. This Site may contain products or references to products from worldwide. Any such references do not imply that such products will be made available to you at the place of choice. If the Site is accessed outside India, the User shall ensure the compliance with all applicable laws and regulations governing the use of the Site in the country of the User.
Please be aware that User's initiative of accessing the Site and/or Services is subject to Indian laws.
14. LINKS TO THIRD PARTY WEBSITES
The Site may present links to other website which are not owned or operated by Yes2fashion (the "Third Party Websites"). These links are provided only as a convenience to the User. Neither, Yes2fashion nor any of its affiliates are responsible for the availability of such Third Party Websites or their contents. The User understands, acknowledges and agrees that neither Yes2fashion nor any of its affiliates are responsible or liable, directly or indirectly, for any damage or loss of any sort caused in connection with the User's use of or reliance on any content of any such site or goods or services available through any such site.
Yes2fashion may, at any time, terminate or suspend any and all Services and/ or access to the Site immediately, without prior notice or liability. The Services and/ or access to the Site may also be terminated or suspended if:
(i) User breaches any of the terms or conditions of this Agreement or other incorporated agreements or guidelines;
(ii) Requests by law enforcement or other government agencies;
(iii) Discontinuance or material modification to the Site and/ or Service (or any part thereof);
(iv) Unexpected technical or security issues or problems;
(v) Engagement by the User in fraudulent or illegal activities; and/or;
(vii) Nonpayment of any fees owed by the User in connection with the use of Site and/ or Services.
Termination of User account includes:
(i) Removal of access to all offerings within the Service, including but not limited to mail, groups, mob groups, messenger, chat, domains, personals, auctions, message boards, greetings, alerts and/ or games;
(ii) Deletion of User password and all related information, files and content associated with or inside User account (or any part thereof); and
(iii) Barring of further use of the Site and/ or Service.
Further, User agree that all terminations for cause shall be made in Yes2fashion's sole discretion and that Yes2fashion shall not be liable to the User or any third party for any termination of User account, any associated email address, or access to the Service. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
This Agreement shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Except for injunctive reliefs, disputes arising in respect hereto shall be subject to exclusive jurisdiction of the courts of Mumbai. Provided however that the foregoing shall not limit the rights of either Party to bring proceedings in any applicable jurisdiction to enforce or enter judgements upon such awards.
The failure by Yes2fashion to exercise in any respect any right provided herein shall not be deemed a waiver of any further rights hereunder.
Yes2fashion shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Yes2fashion's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement and any rights and licenses granted hereunder is not assignable, transferable or sub-licensable by User but may be assigned by Yes2fashion without restriction.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Yes2fashion in any respect whatsoever.