TERMS AND CONDITIONS

THIS DOCUMENT IS AN ELECTRONIC RECORD UNDER THE PROVISIONS OF INFORMATION TECHNOLOGY ACT, 2000 AND INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THEREUNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000 AND LAWS OF INDIA. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. PLEASE READ THESE WEBSITE TERMS AND CONDITIONS CAREFULLY BEFORE USING HTTPS://WWW.BEINGHUMANCLOTHING.COM (HEREINAFTER 'WEBSITE') OWNED AND OPERATED BY FOUR ACES FASHION HOUSE PVT. LTD. THESE WEBSITE TERMS AND CONDITIONS (HEREINAFTER 'T&CS') GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE T&CS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE T&CS, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT (HEREINAFTER 'YOU' OR 'YOUR') SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE T&CS.

  1. Ownership

This Website - https://www.beinghumanclothing.com is the only official Website of Four Aces Fashion House Pvt. Ltd. ("us"/ "we"/ "our") and is operated and managed by us.

The T&Cs refer to the following additional terms, which also apply to your use of our Website:
  1. Scope of T&Cs

We reserve the right to amend these T&Cs, referenced policies or Website Content (defined below) at any time without notice. Amendments will be posted on the Website and effective immediately upon posting. Your continued use of the T&Cs constitutes acceptance of the T&Cs; it is your responsibility to review the T&Cs periodically to view any updates/modifications. We may also suspend, discontinue or modify the Website and/or Content without liability.

Users must be 18 years of age or older to register or visit or use the services being offered through the Website in any manner. By registering, visiting or using the services, you hereby represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to use the services, and agree to abide by the T&Cs. If a user is below 18 years of age, it is assumed that he/ she is using/ browsing the Website under the supervision of his/ her parent or legal guardian and that such user's parent or legal guardian has read and agrees to the terms of these T&Cs, including terms of purchase of products, on behalf of the minor user. Should we be made aware that a user is under the age of 18 and is using/ browsing the Website without the supervision of his/ her parent or legal guardian, we reserve the right to deactivate such user's account without further notice. Additionally, if any person is using the Website on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the Website.

  1. Usage and Access

This Website is available and accessible free of charge.

We do not guarantee that this Website, or any Content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of this Website without notice. We will not be liable to you if for any reason this Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to this Website.

To use the Website, users require internet connectivity or appropriate telecommunication links and the Website's service does not include the provision of any computer system, resource, terminal, server, equipment, mobile or any devices. We shall not have any responsibility or liability for any computer system, resource, terminal, server, equipment, mobile or any devices necessary for user to use and access the Website nor shall be liable for any costs incurred on account of the user's internet or appropriate telecommunication links usage.

You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these T&Cs and other applicable terms and conditions, and that they comply with them.

We authorise you to view and access the Website's Content solely for identifying products, carrying out purchases of products and processing cancellations, returns and refunds, in accordance with Cancellation, Return and Refund Policy available at https://www.beinghumanclothing.com/pages/refund-policy. We, therefore, grant you limited and revocable permission to access and use the Website. This permission does not include permission for carrying out any resale of the products or commercial use of the Website's Content, any collection and use of product listings, description, or prices, and any derivative use of the Website or of Website's Content.

You understand that upon your registration as a user or on your purchase of products on the Website, you may receive text messages and/or emails from us on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, our acceptance or rejection of your offer to purchase a product, payment information, product dispatch information, information pertaining to other activities you carry out on the Website and information pertaining to the promotions that are undertaken by us (or third parties in connection with the Website) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from us that the product will be delivered. Our acceptance to your offer to purchase shall occur and conclude only when the products have been delivered by us and a text message and/or email confirming such delivery is visible on your tracking link. We, at all times, reserve the right to limit the quantity of items in, or cancel an order anytime before the delivery.

  1. Your account and password

If you choose, or are provided with, a user identification code, username, password or any other piece of information as part of our security procedures or to set up an account, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these T&Cs.

If you know or suspect that anyone other than you is aware of/using your user identification code, username or password, you must promptly notify us at support@beinghumanclothing.com.

  1. Content and Intellectual Property

All the content of this Website including all graphics, text, images, photographs, illustrations, products, artwork, logos, colour, button icons, audio and video clips, software and the design, data compilations, digital downloads, selection and arrangement thereof (collectively, "Content") is protected by copyright and/or trademark and are owned or controlled by us and/or our subsidiaries, affiliates and content suppliers and are protected by worldwide design, trademark, trade dress, copyright and other intellectual property laws. The Content of this Website, and the Website, are intended solely for personal use by the users of this Website.

You may not copy Content from this Website, or otherwise modify, obscure or delete any copyright or other propriety notices on this Website. No right, title or interest in any materials or software, if applicable, on this Website is transferred to you from your use of this Website. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Website, or any related software without our prior express written authorization.

The trademarks, logos and service marks displayed on the Website ("Marks") are ours or our affiliates', associates', content suppliers' or respective third parties' property. You are not permitted to use the Marks without our, our affiliates, associates, content suppliers or the third party's prior consent that may own the Marks. We own all intellectual property rights to and into the trademark of our brands and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, Content, graphics, icons, and hyperlinks. You hereby agree that you shall not use or apply for registration of any marks, or domain names which are similar to the Marks or domain names used in connection with the Website or owned by us.

  1. Measurements

All necessary item measurements are provided under product details on each page along with a size conversion chart.

  1. Colours

Product colours may vary from actuals depending on screen resolutions as computer monitors and screens of electronic devices vary.

  1. Prohibited Use

You shall not use our Website in any way that breaches any applicable local, national or international law or regulation, damage ours and/ or our partners' and affiliates' reputation and that of this Website or that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

You shall also not use this Website for the purpose of harming or attempting to harm minors in any way or to solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes, or to transmit (or procure the sending of) spam.

  1. Cyber-Security, Third-Party Interactions and Links from this Website

We do not guarantee that despite our reasonable efforts to make the Website secure, this Website will be secure from cyber-attacks, bugs, or viruses. You are responsible for configuring your information technology and computer programs in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the provisions of Information Technology Act, 2000 and Rules applicable thereunder. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

This Website contains links to other internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content on any site linked to from this Website.

The linked or third-party websites are not an endorsement by us of the content of such linked websites. We shall not be responsible for the availability of the linked websites or the content or activities of such sites. If you decide to access linked websites, you do so at your own risk. In addition, your use of linked websites is subject to any applicable policies and terms and conditions of use, including but not limited to, the linked website's privacy policy.

  1. Grievance Officer

We hereby appoint the legal manager as our Grievance Officer. The Grievance Officer may be contacted at: legal@beinghumanclothing.com or at our address as provided on our Website. Any complaint or grievance against violation of applicable law or the terms of this T&Cs may be addressed to the Grievance Officer. We will acknowledge your complaint within 48 hours of receipt and attempt to resolve it within 1 (one) month of receipt, in accordance with applicable law. If you are unsatisfied with the resolution provided by the Grievance Officer, you may escalate your complaint to the Grievance Appellate Committee constituted under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as applicable.

  1. Disclaimer and Limitation of Liability

This Website is provided "as is" without any representations or warranties of any kind, express or implied, including but not limited to fitness for a particular purpose, accuracy, completeness, or freedom from defects including typographical errors or outdated information, viruses or other harmful elements. To the fullest extent permitted by applicable laws, neither we, nor our directors, employees, affiliates, licensors, suppliers or other representatives will be liable for any direct, indirect, incidental, special, consequential or punitive damages, including loss of data, income, profit, opportunity or property, arising from or in connection with your use of, or inability to use, the Website, its Content, services or any linked sites (whether based on contract, tort, negligence or otherwise), even if advised of the possibility of such damages. We will not be liable for any loss or damage caused by viruses, denial-of-service attacks or other technologically harmful material due to your use of the Website. Access and use of this Website from outside India is entirely at your sole risk; you agree to comply with all applicable local laws and release us and our affiliates from any related liability. Our total aggregate liability shall in no event exceed the amount paid by you. Nothing in this clause limits or excludes our liability for death or personal injury resulting from negligence, fraud, fraudulent misrepresentation or any other liability that cannot be excluded or limited by the laws of India.

  1. Indemnification

You agree to defend, indemnify and hold us and our respective directors, officers, employees and agents harmless from and against all liabilities, claims, damages, costs, and expenses, including attorneys' fees arising out of: your use of the Website; any material you post, upload, e-mail or otherwise transmit using the site; or your violation, breach or alleged violation or breach of these T&Cs.

You represent, warrant and covenant that no materials and user content of any kind provided by you will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights and/ or contain libellous or otherwise unlawful material. We reserve the right, to assume the exclusive defence and control of any matter subject to indemnification by you.

  1. Termination

You agree that we, at our sole discretion, may terminate or suspend your use of this Website and/ or the information, services and Content at any time and for any or no reason at its sole discretion, even if access and continuous use is allowed to others. Upon such suspension or termination, you must immediately discontinue your use of this Website, and destroy any copies you may have made of any portion of the Content. Accessing this Website after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, you agree that we shall not be liable to you or to any third party for any termination or suspension of your access to this Website.

  1. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these T&Cs if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, strikes, embargoes, governmental restrictions, or supply chain disruptions. The affected party shall notify the other promptly and resume performance as soon as practicable.

  1. Assignment

You may not assign, transfer, or subcontract any of your rights or obligations under these T&Cs without our prior written consent. We may assign, transfer, or subcontract any of our rights or obligations without your consent.

  1. Governing Law and Jurisdiction

This Website, including the Content and information contained herein, shall be governed by the laws of the Republic of India and the courts of Mumbai, India shall retain exclusive jurisdiction to entertain any proceedings in relation to any disputes arising out of the same. As such, the laws of India shall govern the disclaimer, legal notices, privacy policy, order form and any transaction completed using this Website.

  1. Miscellaneous

Any waiver of any provision of these terms must be in writing signed by us or our authorised representatives to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. These T&Cs, together with the referenced policies, constitute the entire agreement between you and us relating to the Website and supersede all prior understandings. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. You acknowledge that you have had the opportunity to read and understand the terms and conditions of these T&Cs before accepting them. The fact that the T&Cs were prepared by us shall not be construed against us in any interpretation of these T&Cs. These terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written and shall not be modified except in writing, signed by you and us.

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