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Terms & Conditions

12 June 2019

Agile Fashions India Private Ltd. (hereinafter “Company” “Us”, “Our” “We”, which shall mean and include its affiliates, successors and assigns) owns and operates this website, whether accessible on www.zweat.in or such other URL as may be designated by Zweat, or through a mobile application, if available, (“Website”). The Company is, inter-alia, engaged in the e-commerce business of selling fashion, fitness and lifestyle merchandise/ products.

Your (“User”, “You” or “Your”, which shall mean and include its legal heirs and representatives) use of the Website, is subject to and governed by the following terms and conditions (“Terms of Use”) as applicable to the Website together with all policies, notices, guidelines, disclaimers that are published and shared with You from time to time which are incorporated herein by way of reference including but not limited to Our privacy policy [●], and such other terms as may be applicable to Us in Your capacity as a User of the Website. These Terms of Use shall be enforceable against You in the same manner as any other written agreement. User shall mean any person/ persons, who visits, uses, deals with and/ or transacts through the Website and includes a buyer, guest user, and browser.

Conditions to use the Website:

  • You must be a natural person who is atleast 18 years of age. if you are less than 18 years of age, please read through these terms of use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between the Company and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You. You must not misrepresent Your identity.
  • The right to use the website is personal to the User and is not transferable to any other person or entity.

Accessing, browsing or otherwise using the Website indicates Your acceptance to all the terms and conditions herein. if You do not agree to these Terms of Use, please do not use the Website. You acknowledge and agree that by mere use of the Website, You shall be contracting with the Company and these Terms of Use constitute Your binding obligations with the Company. Please read these Terms of Use carefully before proceeding.

We shall have the right at any time to change or discontinue any aspect or feature of the Website, including but not limited to, content, hours of availability, and equipment needed for access or use, fees or charges. It is Your responsibility to review these Terms of Use periodically for any updates / changes. Your continued use of the Website subsequent to such changes will indicate and imply Your acceptance to such revisions.

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  1. Definitions

    1. “Account Information” shall mean and include certain information and details, including Your name, e-mail id, and any other information sought as part of the registration process deemed necessary by the Website.
    2. “Materials” shall mean and include, but is not limited to graphics, layout, text, content, instructions, images, audio, videos, designs.
    3. “Trademarks” shall mean and include Company marks, service marks, trade name and any other marks used by the Company whether now or in future.
    4. “User Content” shall mean and include testimonials, reviews, comments, suggestions and other communication functionalities through which the Users may be provided with an opportunity to submit, post, display content and materials on the Website.
    5. “Viruses" shall mean and include viruses, trojans, worms, logic bombs or other materials that may be construed as being malicious or technologically harmful.
  2. User Agreement

    You agree to the following:

    1. You will use the Website for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website. You shall access the Website and transact at Your sole risk and are using the Your best and prudent judgment before entering into any transaction through this Website.
    2. The Company will be entitled to seek damages and/ or be entitled to any other remedy available to it under the applicable law in the event of an unauthorised use by You.
    3. 2.3 The Company specifically prohibits any use of the Website for, and You agree not to use the Website for, any of the following purposes:

      1. Copying, modifying, publishing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted Material on the Website, in whole or in part, without Our prior written consent; or
      2. Subleasing, leasing, selling, assigning, transferring, distributing, renting, permitting concurrent use of, or granting other rights in any Material provided on the Website to any third party;
      3. Downloading any Materials or User Content unless You see a ‘download’ or similar link displayed on the Website by reference;
      4. Using any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, extract data from, copy or distribute the Materials or User Content on the Website (except as may be a result of standard Internet browser or search engine);
      5. Intentionally or unintentionally interfering with or violate any applicable laws related to the access to, or use of, the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website;
      6. Accessing the Website through means other than through the interface that is provided by the Company;
      7. Violating any applicable laws or regulations for the time being in force in or outside India including but not limited to the sale, import, export, use etc. of illegal substances or gambling or other unlawful activities;
      8. Engaging in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
      9. Violating any of the terms specified under the Terms of Use or any other Website policies; or
      10. Disrupting or interfering with the security of, or otherwise cause harm to, the Website Materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites. You shall further comply with the following conditions to ensure the security of the Website:

        1. You shall not misuse this Website by knowingly introducing Viruses. You must not attempt to gain unauthorized access to Our Website, the server on which the Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack.
        2. You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
        3. We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any Material posted on it, or on any website linked to it.
        4. You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
  3. Account and User Information

    1. If You wish to use certain parts of the Website that requires maintenance of a account on the Website (“Account”), You will be required to furnish Account Information. You shall ensure that the Account Information is true, complete, accurate and up-to-date at all times. By providing Us with the Account Information, You consent to receiving communications including, but not limited to SMS, e-mails or phone calls from Us with respect to Your transaction on the Website or for any other purpose. For further information, please refer to Our Privay Policy on the Website. It is not compulsory for You to register on the Website. You shall be permitted to use, browse or search for products on the Website even without an Account as a guest User. However, without an Account, You shall have a restricted access to use certain features of the Website.
    2. You shall be responsible for maintaining the confidentiality and security of the password and for all activities that occur in and through Your Account. You agree that you will not disclose Your password to any third party and that You will take sole responsibility for any activities or transactions under your Account, whether or not you have authorized such activities or transactions. You will immediately notify us of any unauthorized use of Your Account. Please note that We will not be liable for any such unauthorized use.
    3. You will provide authentic and true information in all instances where such information is requested from You. The Company reserves the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and restrain You from using the Website, without prior intimation whatsoever.
    4. If You wish to terminate Your Account, You may send an e-mail to Us at [●] requesting the same. Similarly, We may, in Our discretion, suspend or terminate Your Account in accordance with this Terms of Use.
    5. We may provide You and other users with the opportunity to provide User Content.
    6. Uploading User Content on the Website amounts to publishing the User Content. By uploading the User Content on the Website, You understand that all users visiting the Website will be able to view the User Content.The Company is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay You any compensation for any User Content; or (3) to respond to any User Content. The Company does not regularly review posted User Content, but reserves the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website.
    7. The Company does not assume any obligation of any kind to You or any third party with respect to Your User Content. You specifically acknowledge that the Company shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any user or third party with respect to Your User Content and that the risk of harm or damage from the foregoing rests entirely with You.
    8. You grant to the Company unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, publicly perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache, make derivative works of, or otherwise use and exploit in any manner whatsoever, all or any portion of Your User Content for any purpose whatsoever in all formats, on or through any media.
    9. You agree not to use or encourage, or permit others to use the Website to:

      1. Make available any User Content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, harassing, libellous, vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or promotes discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
      2. Intimidate, cause annoyance and/or harass another;
      3. Incite others to commit violence and/ or is bigoted, hateful, racially, ethnically or otherwise objectionable;
      4. Harm minors in any way;
      5. Make available any User Content in contravention of these Terms of Use or other Website policies, or any User Content that You do not have a right to make under any law;
      6. Download, save or otherwise transmit, any of the User Content available on the Website, in any manner;
      7. Make available any User Content that infringes any intellectual property rights or other proprietary rights of any party;
      8. Not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company without express written consent from the Company.
      9. Not use any meta tags or any other “hidden text” utilizing the Website’s or Company’s name or trademarks without the express written consent of the Company.
      10. Impersonate any person or entity, or falsely state or misrepresent Your affiliation with a person or entity;
      11. Do anything unlawful, misleading, malicious, or discriminatory;
      12. Manipulate or disguise the origin of any of User Content posted on, or transmitted through, the Website including, falsifying or deleting any author attributions, legal or other notices or labels of the origin of the User Content or other material available on the Website;
      13. Post anyone’s identification details and/ or documents or sensitive financial information on the Website You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent Your identity or affiliation with any person or entity;
      14. Use any of the Company’s domain names as a pseudonymous return email address;
      15. Upload any User Content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;

      Any violation by You of this section may result in immediate suspension or termination of Your Account.

      You acknowledge that We are only an intermediary with respect to all User Content. However, on receiving written notification of alleged infringement of third party intellectual property rights by any User Content, We may, at Our own discretion, remove the allegedly infringing User Content from the Website with or without prior notice to You. If We do not take down the same, You agree that Your only recourse will be to terminate Your Account with Us. You hereby waive any legal or equitable rights or remedies You have or may have against Us with respect thereto.

  4. License and Website Access

    The Company grants You a limited sub-license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

  5. Monitoring

    All electronic communications including, but not limited to, the communications between the Users through the internal messaging service available on the Website and content presented and / or passed to Us, including that presented and / or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of the Company in the exercise of their duties, or by law enforcement authorities who may be assisting the Company in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by manual or automated means. The Company has the right to reject, at its sole discretion, from the Website any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of the Company.

  6. Intellectual Property

    1. The Website, Trademarks owned by the Company, domain names and tradenames, and all Materials, excluding the User Content, that are uploaded on the Website by Us, unless otherwise stated, are owned, controlled or licensed by Us, Our subsidiaries or affiliates. The Company is the sole owner of the Trade Marks. Any and all rights to use any Materials and/ or Trademarks not expressly granted to You under this Terms of Use are hereby reserved by Us and/ or Our members, subsidiaries, affiliates or licensors. You agree not to interfere with Our rights in the Materials and/ or Trademarks and that You will not harm, misuse, or bring into disrepute any of the Materials. All this is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by the Company
    2. Modification of the Materials on the Website or use of the Materials by You for any purpose is a violation of the said copyrights, Trademarks and other intellectual proprietary rights, and is expressly prohibited.
    3. All third party trademarks advertised or displayed on the Website belong solely to the respective third party and We do not have any rights over such third party trademarks.
    4. We respect the intellectual property rights of others, and We expect Our Users to do the same. Therefore, as a matter of policy, any User Content uploaded on the Website, should be original material created by You or validly licenced to You. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the User Content You submit; and You license to Us all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Website or otherwise pursuant to these Terms of Use. The Company may, at its sole discretion, take such steps including, that of terminating Your Account, if You violate others’ intellectual property rights in any manner.
    5. You are requested to report any violation of rights in, or misuse of, the Trademarks or any other intellectual property rights on the Website, by writing to Us at support@zweat.in or accessing Our Report Abuse section.
  7. Shipping, Returns, Refunds, Exchange and Cancellation

    1. Upon confirmation of Your Order, We will ship Your order within a period of 5 (five) days from the date of order confirmation.
    2. In the event You want to return the merchandise purchased from Our Website, You may do so within a period of 30 (thirty) days from the date of receipt of the merchandise by You, provided that, the merchandise is in proepr condition, uncrumpled, with the price tag and proper packaging for the merchandise. You may also exchange Your merchandise purchased from Our Website within 10 (ten) days from the date of receipt of merchandise by You. We will accept for exchange only if the merchandise is in proper, re-sellable conditiion, with intact price tag and packaging.
    3. In the event of returns, if You are not opting for an exchange, we will refund the money back to You within 10 (ten) days from the date of receipt of the returned products by Us via original payment mode use for purchase.
  8. Disclaimer and Liability

    1. All Materials and User Content on the Website is provided to You on an ‘as is’ basis. You agree that Your use of the Website shall be at Your sole risk. All necessary and reasonable care has been taken to ensure that the information on the Website is correct and error free. We apologize for any inadvertent errors that may have occurred during Your use of the Website.
    2. We have taken all reasonable steps but cannot warrant that the use of the Website will be uninterrupted, completely error free due to the nature of the internet or fit for purpose,or that the Website or the servers that make them available are free of viruses or bugs,or represents the full functionality, accuracy, reliability of the website at all times. We cannot guarantee that any or all , and that defects will be corrected in a timely manner, or the result of using the website will meet your expectations. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
    3. We do not make any warranty whatsoever, whether express or implied, relating to fitness or accuracy, reliability, completeness, timeliness, performance, safety, merchantability, quality, suitability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the the Website or the Website as a whole at any particular time or location.
    4. The Company is further not responsible for any advertisement, representation, offer, warranty etc. displayed and/ or exhibited by other users of the Website.
    5. We shall neither be liable nor responsible for any actions or inactions of any other User.
    6. Your obligations under this clause shall survive the termination of these Terms of Use.
  9. Indemnity

    1. You agree to defend, indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, successors, assigns, licensors, any of their respective officers, directors, employees and agents, vendors, licensors, representatives, advertisers, service providers and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use or any other Website policy; (iii) Your violation of any third party right, including without limitation any intellectual property right or privacy right; (iv) or as a result of any threatening, libellous, obscene, harassing or offensive material posted / transmitted by You on the Website.
    2. In no event will the Company and/or its affiliates and/or any of its officers and representatives be liable for any cost, direct, indirect, incidental, special, punitive or consequential damages, liability or other consequence of any of the actions/inactions of the other Users and You specifically waive any claims or demands that You may have in this behalf under any statute, contract or otherwise.
    3. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both You and Us when You commenced using the Website.
  10. Links to Third Party Websites

    1. The Website may contain link/s to various other websites, including links to payment gateway providers. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You do so at Your own risk. We do not in any way endorse the linked websites. We will not be held liable or responsible for any losses occurred to You due to these third party websites linked on Our Website.
    2. Similarly, this Website can be made accessible through a link created by other websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of Our Website or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website, is utilized to visit this Website and such event is brought to the notice or is within the knowledge of the Company, civil or criminal remedies as may be appropriate shall be invoked.
  11. Termination

    1. We shall terminate Your Account if You breach any provisions of this Terms of Use. In the event of such a breach, Your rights to use this Website will cease immediately. Your Account may also be terminated due to technical errors in the Website.
    2. Upon termination of Your Account or prohibition of Your use of the Website, all rights granted by Us to You to use the Website will automatically terminate and We shall have no further obligation or liability towards You.
    3. You acknowledge and agree that, upon termination, You shall immediately destroy any copies made of any portion of the content contained on the Website. You acknowledge and agree that the Company shall not be liable to You or any third party claiming through You, for any suspension or termination of access to Website. You shall not create a new Account and use the Website with Your details and/ or with the details of any other user.
    4. Upon termination of Your Account due to Your breach of this Terms of Use or any other Website policy, We may report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them.
  12. General:

    Any dispute or non-contractual obligation arising out of or in connection with this Terms of Use shall be governed by and construed in accordance with the laws of India, without reference to the principles of conflicts of law that would apply the substantive laws of another jurisdiction. The Parties irrevocably submit to the exclusive jurisdiction of the courts of Mumbai, India over any dispute arising out of or in connection with this Terms of Use and waives the right to object to such venue or make a claim of forum non conveniens. No waiver of any breach of any provision of this Terms of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. In the event any provision of this Terms of Use shall for any reason is held to be invalid, illegal or unenforceable in any respect, the remaining provisions shall remain in full force and effect.