TERMS

TERMS OF SERVICE
1. GENERAL
“www.fashionablyin.com” (hereinafter, the “Website”) is owned and
operated by Fashionablyin Ltd. (“Company”), a private company incorporated
under the Companies Act, 2006 in England and Wales, having its registered
office at 2-4 Exmoor Street, Unit. No. 27, London, United Kingdom, W10 6BD.
All business operations are outsourced and managed by “TENT”, having its
registered office at 329/A Worli Village, Mumbai – 400030, India.
The user is advised to read and understand these Terms carefully as moving
past the home page, or using any of the services shall be taken to mean that the
user has read and agreed to all of the policies, which constitute a legally binding
agreement between the user and the website. These terms are to be read along
with the Privacy Policy and any other policies on the website.
This document is an electronic record published in accordance with the
provisions of the Information Technology (Intermediaries guidelines) Rules, 2011
that require publishing the Rules and Regulations, Privacy Policy and Terms of
Service for access or usage of the website and being generated by a computer
system, it does not require any physical or digital signatures.
For the purpose of these Terms of Use, along with any amendments to the same,
and wherever the context so requires
“You”, “Your” “Business Client/Client” or “User” shall mean and refer to
legal entities and legally responsible partnerships who wish to register for the
Fashionablyin web platform and receive the opportunities to showcase their
products and services as well as connect with each other.
The term “Platform” shall mean and refer to the Fashionablyin web platform
available at http://www.fashionablyin.com and http://fashionablyin.com
(hereinafter the “Website”).
The term “We”, “Us”, “Our”, “Website”, “Company”, “Fashionablyin”,
“TENT” shall mean and refer to the website and/or the Company, depending on
the context.
Some other terms defined for further clarification:
a. Virtual Profile shall mean the users online unique web address and vanity
URL on Fashionablyin.com/____________.
b. Virtual Sales Rep shall refer to the Company’s sales rep who will represent
the Client’s products or services. He shall contact potential buyers on
behalf of its clients.
c. Showroom manager shall refer to a virtual Fashionablyin representative
who creates look books, line sheets, digital catalogues and order sheets for
clients while maintaining their virtual profile and showroom on
Fashionablyin.
d. International Connections shall refer to buyers, agents, retailers and
brands connected to the client’s network.
e. Relevant Buyer Introductions and meetings shall refer to buyers
introduced to the Client via email/skype/WhatsApp.
f. Interactive Digital Showroom shall refer to the client’s virtual showroom
g. 6 months Continuous Promotions shall refer to the time period from the
initiation of payment. All packages purchased by users expire 6 months
from the date of initiation of payment.
h. Virtual office shall include telephone answering and business address.
There is a provision of one location and one phone number with each
package and additional location and/or phone number may be purchased
at an extra cost.
i. Telephone answering: trained professionals answer phone calls live
in the user’s company name and either patch calls through or take a
message.
ii. Business address: a business address and mail forwarding service
shall be provided for parcels and packages and a user/client may
choose from over 12 locations worldwide.
iii. Virtual offices shall be located at the following places: Barcelona,
Berlin, Hong Kong, London, Moscow, Mumbai, New York, Paris,
Rome, Sydney, Tokyo and Toronto. A user may purchase an
additional virtual office for $1200 per new location.
iv. The languages available to the users shall be Chinese, English,
French, German, Hindi, Italian, Japanese, Russia and Spanish. A
user may use an additional language for the price of $300 per new
language.
The headings of each section in this Agreement are only for the purpose of
organising the various provisions under this Agreement in an orderly manner.
These headings shall not be used by either party to interpret the provisions
contained under them in any manner. Further, the headings have no legal or
contractual value.
The Company holds the sole right to modify the Terms of Service without prior
permission from the user or indicating the reasons thereof or providing notice to
the user. The relationship creates on the user a duty to periodically check the
Terms of Service and stay updated on its requirements. If the user continues to
use the Website or avail any of its services without registration following such
changes, this is deemed as consent by the user to the so amended policies. The
user’s continued use of the Website is conditioned upon his/her compliance with
the Terms of Service, including but not limited to compliance with the Terms of
Service even after alterations, if any.
2. ABOUT THE COMPANY
Fashionablyin is an international virtual trade show platform, visible in all areas
of fashion that connects brands with retailers and suppliers with buyers online.
It covers all areas of fashion including but not limited to accessories, leather,
bridal, footwear, fabrics, fine jewellery, etc. Fashionablyin is 100% free to use for
buyers.
3. Services Overview
Fashionablyin offers services bound to the Platform and operates as agent
between the suppliers and the buyers who shall use the Platform for their
interactions. It connects brands with retailers and suppliers with buyers online
and covers all areas of fashion. The Website acts as a mere venue/platform for its
members to negotiate/interact for buying, selling and other business services by
way of locating companies to trade with, through its online exchange.
The Company does not take part in the actual transaction that takes place
between the buyers and sellers and hence is not a party to any contract for sale
negotiated between buyers and sellers. All transactions will be the responsibility
of the members only. This agreement shall not be deemed to create any
partnership, joint venture, or other joint business relationship between TENT
and other party.
For companies to work together on the Platform, they have to first connect. Each
Client may use the search function and look for category, country or name. After
the connecting process is successful, the supplier and the buyer shall work
together outside the Platform to complete the delivery/ies and payment(s). The
Company does not offer any payment or further services not stated in these
Terms.
4. REGISTRATION
To use the services provided on the website, it is compulsory to create an account
and register on the website. To create an account, the user needs to choose a
username and password. The user must keep his/her account and registration
details current and correct for communications related to his/her purchases from
the Website.
By registering on the Platform, the Client agrees to be bound by these Terms and
the Fashionablyin Privacy Policy and agrees to enter into a service contract under
these Terms (hereinafter “Service Contract”).
This agreement applies to all Users whether, visitors, registered – free or paid
Users who access the Website for any purpose. It also applies to any legal entity
which may be represented by you under actual or apparent authority. User(s)
may use this site solely for their own personal or internal purposes. This
agreement applies to all TENT services offered on the Website, collectively with
any additional terms and condition that may be applicable to the specific service
used/accessed by user(s). In the event of a conflict or inconsistency between any
provision of the terms and conditions mentioned herein with those of the
particular service, the provisions of the terms and conditions applicable to such
specific services shall prevail.
The Platform is an open one and allows verified suppliers, buyers, manufactures
and suppliers into the Platform to the best of its abilities. However, the
verification is not legally binding and any fake or counterfeit suppliers or buyers
on the Platform are not the responsibility of the Company. Client is free to modify
or delete the entire Platform Account at any time and terminate the contractual
relationship with Fashionablyin.
User(s) can become a Registered User(s) by filling an on-line registration form on
the web site by giving desired information (name, contact information, details of
its business, etc.). The information so collected about the user is subject to the
Privacy Policy of the Company, which may be read as part and parcel of these
Terms of Use. TENT will establish an account (“Account”) for the user(s) upon
registration and assign a user alias (“User ID”) and password (“Password”) for
log-in access to the user Account. Web site may or may not assign user(s) upon
registration a web-based email/message account with limited storage space to
send or receive email/messages. Users will be responsible for the content of all
the messages communicated through the Email Account, as well as the
consequences of any such message.
If the user registers on behalf of a business entity, he/she represents that
business entity and (a) has the authority to bind the entity to terms and condition
of use and/or this Agreement; (b) the address he/she uses when registering is the
principal place of business of such business entity; and (c) all other information
submitted to TENT during the registration process is true, accurate, current and
complete. For purposes of this provision, a branch or representative office will
not be considered a separate entity and its principal place of business will be
deemed to be that of its head office.
By becoming a registered User, the user consents to the inclusion of his/her
personal data in the Company’s on-line database and authorize TENT to share
such information with other user(s). TENT may refuse registration and deny the
membership and associated User ID and Password to any user for whatever
reason. Website may suspend or terminate a registered membership at any time
without any prior notification in interest of TENT or general interest of its
visitors/other members without giving any reason thereof. Registered Users are
not a part or affiliate of TENT in any way.
The user is solely responsible for protecting the confidentiality of his/her
username and password and any activity under the account will be deemed to
have been done by him/her. In the event the user provides the Company with
false/inaccurate details or the Company has a reasonable ground to believe that
false and inaccurate information has been furnished, it holds the right to
permanently suspend the user account.
5. ELIGIBILITY
Services on the Site would be available to geographies across the world. User
means any individual or business entity/organization that legally operates in
India or in other countries, uses and has the right to use the services provided by
TENT. The Platform may only be entered by persons who have the authority to
legally bind the entity as Client and who are of unlimited legal capacity. The
Company’s services are available only to those individuals or companies who can
form legally binding contracts under the applicable law. Therefore, User must not
be a minor as per Indian law, i.e. users must be at least 18 years of age to be
eligible to use the Company’s services.
TENT advises its users that while accessing the web site, they must follow/abide
by the related laws. TENT is not responsible for the possible consequences
caused by a user’s behavior during use of website. TENT may, in its sole
discretion, refuse the service to anyone at any time. The service is not available to
temporarily or indefinitely suspended members of web site.
6. SECURITY
All data requested during the Platform registration process shall be given
fully and correctly. The Platform Account is to be secured with a password.
Client shall take all necessary steps to ensure that the password is kept
confidential. Client is obliged to notify the Company by
contacting [email protected] without any undue delay if there are
signs of misuse of his Platform account by any third party. Client is not
authorized to grant the use of the Platform account opened in his name to
any third party. If any data or information provided by Client changes for
any reason, Client shall notify the Company instantly via email.
Transactions on the Website are secure and protected. Any information
entered by the User when transacting on the Website is encrypted to protect
the User against unintentional disclosure to third parties. The User’s credit
and debit card information is not received, stored by or retained by the
Company/Website in any manner. This information is supplied by the User
directly to the relevant payment gateway which is authorized to handle the
information provided, and is compliant with the regulations and
requirements of various banks and institutions and payment franchisees
that it is associated with.
7. LICENSE AND ACCESS
The Company does not grant the user a sub-license, limited or otherwise, to
access and make personal use of the 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. The user is not permitted any resale or commercial use
of the Website or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of the Website or its contents; any
downloading or copying of information for the benefit of another merchant; or
any use of data mining, robots, or similar data gathering and extraction tools.
Any portion of the Website may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without
express written consent of the Company. The user may 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 and/or its affiliates without the express written consent of the
Company. The user may not use any meta tags or any other “hidden text”
utilizing the Company’s name or trademarks without the express written consent
of the Company. The user shall not attempt to gain unauthorized access to any
portion or feature of the Website, or any other systems or networks connected to
the Website or to any server, computer, network, or to any of the services offered
on or through the Website, by hacking, ‘password mining’ or any other
illegitimate means.
The Company does not claim ownership of any Client content. However, by
uploading or otherwise publishing any Client content through the Platform, the
Client grants the Company the non-exclusive, worldwide, royalty-free, sublicensable
right to use the respective content for the purposes of the Platform
limited to the area displayed to registered Clients only. [This includes the right to
integrate the Client content on the Website and in the Company’s and its
affiliated companies’ other websites (hereinafter the “Websites”) and advertising
material (e.g. for the Platform).] In particular, Client grants the Company the
following rights of use:
a. The right of reproduction, the right of public accessibility and dissemination,
i.e. the right to reproduce the Client content indefinitely using every
technology available, in particular by means of digital incorporation within
the framework of the Website [and/or Websites] and the right to make the
Client content available to the Platform [public or publicly] to reproduce,
transmit and to broadcast;
b. The right of making available on demand, i.e. the right to store the Client
content, keep it at hand for the Platform [public], to transmit it to any number
of persons;
c. The right of using the Client content for advertising purposes, i.e. the right to
reproduce the Client content indefinitely for advertising and marketing
purposes and to make it available to the public or reproduce publicly for the
services offered by the Company. This right includes the right to change and
to process the Client Content for the purposes mentioned and in particular to
combine or integrate it with other pictures, text, graphics, artworks, films,
audio and audio-visual media.
The Company accepts such granting of rights and in case of removal of any Client
content from Platform account or the deletion of Client’s Platform Account by
either Client or the Company for whatever reason, the Company’s rights in the
respective Client content shall expire. However, the right to use the Client content
in advertising material that is already in use and the right to use any Client
content that Client has shared on other Clients’ profiles will remain unaffected.
The Company reserves the right to refuse the upload of any Client content and to
delete or remove any uploaded Client content that, at the Company’s sole
discretion, violates these Terms, any third-party rights or any applicable law/s or
Client content that seems for any other reason unacceptable or inappropriate.
The Company has the right to block Client’s Platform account temporarily or
permanently if there are concrete reasons for the Company to believe that Client
violates these Terms, any third-party rights or any applicable law/s. In the event
of permanent blocking or deletion, Client is not entitled to open up a new
Platform account or to use any other existing account.
The user hereby agrees and undertakes not to host, display, upload, modify,
publish, transmit, update or share any information which:
a. belongs to another person and to which the user does not have any right;
b. is grossly harmful, harassing, blasphemous, defamatory,
obscene, pornographic, pedophilic, libelous, invasive of another’s privacy,
hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any
manner whatever;
c. harms minors in any way;
d. infringes any patent, trademark, copyright or other proprietary/intellectual
property rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages
communicates any information which is grossly offensive or menacing in
nature;
g. impersonates another person;
h. contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or the functionality of any computer
resource;
i. threatens the unity, integrity, defense, 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; or
j. is misleading or known to be false in any way.
8. COMMUNICATIONS
By using this Website, it is deemed that the user has consented to receiving calls,
autodialed and/or pre-recorded message calls, e-mails, from the Company at any
time with the use of the telephone number and e-mail address that has been
provided by him/her for the use of this website which are subject to the Privacy
Policy. The user agrees to receive promotional communication and newsletters
from the Company and its partners.
This includes contacting the user through information received through other
parties. The use of this website is also the user’s consent to receive SMS from the
Company at any time it deems fit. This consent to be contacted is for purposes
that include and are not limited to clarification calls and marketing and
promotional calls. The user can opt out from such communication and/or
newsletters either by unsubscribing on the Website itself, or by contacting the
customer services team and placing a request for unsubscribing by sending an
email to [email protected] However, despite of unsubscribing, the User
maybe contacted by the Company through phone calls, SMS notifications or any
other means of communication, in respect to the services provided by TENT.
The user may also be contacted by Service Providers with whom the Company
has entered into a contract in furtherance of its rights, duties and obligations
under this document and all other policies followed by it. Such contact will be
made only in pursuance of such objectives, and no other calls will be made.
The sharing of the information provided by the user will be governed by the
Privacy Policy and the Company will not give out such contact information of the
user to third parties not connected with the Website.
9. PAYMENT
The Company charges a fee for the services under the Service Contract between
the Company and the supplier or buyer (hereinafter each a “Fee”). The following is
the Fee applicable as per the package the Client opts for:
 Bronze – $450 – Services include provision of a Sales Rep.
 Silver – $900 – Services include provision of a Sales Rep, a Showroom
Manager and usage of English language and any additional two languages from
the options provided by the Company.
 Gold – $2700 – Services include provision of a Sales Rep, a Showroom
Manager, a Virtual Office and usage of English language and any additional five
languages from the options provided by the Company.
Additional languages may be changed and/or added at any time. Once a Client
registers for a package, the first introduction mailer is professionally translated in
to the selected languages (which is 2 additional languages in silver and 5
additional languages in gold) and thenceforth all responses are managed through
Google translate
Clients who sign up for the Company’s Virtual Office shall have to adhere to the
terms and conditions provided by our partner and may be accessed at
https://www.yourcityoffice.com/terms.php.
Each of these packages expires after a period of 6 months from the date of
initiation of payment and are payable in advance on the Website.
All payments are processed through 2checkout.com if in USD or if it is an Indian
Rupee payment gateway then payment is processed with instamojo.com. There
are no refunds for Fashionablyin services and once a payment is made it is final.
The following payment options are available to the Clients:
a) Domestic and international credit cards issued by banks and financial
institutions that are part of the Visa, Master Card & Amex Card
networks;
b) Visa & Master Card Debit cards;
c) Net banking/Direct Debit payments from select banks in _____. A list
of available options will be made available at the time of ‘checkout’.
As prescribed by the financial institutions issuing the credit or debit cards
affiliated with Visa / Master Card / Amex, the User will be required to submit
his/her 16-digit card number, card expiry date and 3-digit CVV number (usually
on the reverse of the card) while making an online transaction. The User must
also have enrolled his/her card with VBV (Verified by Visa), MSC (MasterCard
Secure Code) or any other applicable provider in order to complete the
transaction. The User is hereby expressly made aware that his/her card
statements will reflect that a payment has been made in favour of the Company.
The User is further aware that in case of third party statements, including bank
and credit card statements, the merchant name may appear in an abbreviated
format, and the Company has no control over the same. To successfully subscribe
on the Website, the User is required to complete the transaction by making the
payment for the services opted for.
10. USER OBLIGATIONS
The Client is a restricted user of this website.
a. The user is bound not to cut, copy, distribute, modify, recreate, reverse engineer,
distribute, disseminate, post, publish or create derivative works from, transfer, or
sell any information or software obtained from the website. With the Company’s
prior permission limited use may be allowed. For the removal of doubt, it is
clarified that unlimited or wholesale reproduction, copying of the content for
commercial or non-commercial purposes and unwarranted modification of data
and information within the content of the Website is not permitted.
b. The user agrees not to access (or attempt to access) the Website and/or the
materials or Services by any means other than through the interface that is
provided by the website. The use of deep-link, 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 Website or
Content, or in any way reproduce or circumvent the navigational structure or
presentation of the Website, materials or any Content, to obtain or attempt to
obtain any materials, documents or information through any means not
specifically made available through the Website. The user acknowledges and
agrees that by accessing or using the Website or Services, he/she may be exposed
to content from other users that he/she may consider offensive, indecent or
otherwise objectionable. The Company disclaims all liabilities arising in relation
to such offensive content on the Website. Further, the user may report such
offensive content.
c. In places where this website allows the user to post or upload data/information,
he/she undertakes to ensure that such material is not offensive and in accordance
with applicable laws. Further, the user undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or
otherwise violate the legal rights of others;
ii. Engage in any activity that interferes with or disrupts access to the Website or
the Services (or the servers and networks which are connected to the
Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent
his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libelous, invasive of another’s privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatever; or unlawfully
threatening or unlawfully harassing including but not limited to indecent
representation of women;
v. Post any file that infringes the copyright, patent or trademark of other legal
entities;
vi. Upload or distribute files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of the Website
or another’s computer;
vii. Download any file posted by another user that he/she knows, or reasonably
should know, cannot be legally distributed in such manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected
to the Website, nor breach the security or authentication measures on the
Website or any network connected to the Website. The user may not reverse
look-up, trace or seek to trace any information on any other user, of or visitor
to, the Website, or any other customer of the website, including any website
Account not owned by him/her, to its source, or exploit the Website or Service
or information made available or offered by or through the Website, in any
way whether or not the purpose is to reveal any information, including but not
limited to personal identification information, other than his/her own
information, as provided for by the Website;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the
Website, system resources, accounts, passwords, servers or networks
connected to or accessible through the Website or any affiliated or linked
sites;
x. Collect or store data about other users in connection with the prohibited
conduct and activities set forth in this Section;
xi. Use the Website or any material or Content for any purpose that is unlawful
or prohibited by these Terms of Service, or to solicit the performance of any
illegal activity or other activity which infringes the rights of this website or
other third parties;
xii. Violate any code of conduct or other guidelines, which may be applicable for
or to any particular Service;
xiii. Violate any applicable laws or regulations for the time being in force within or
outside India;
xiv. Violate the Terms of Service including but not limited to any applicable
Additional Terms of the Website contained herein or elsewhere;
xv. Violate any code of conduct or other guidelines, which may be applicable for
or to any particular Service;
xvi. Threaten the unity, integrity, defense, security or sovereignty of India,
friendly relations with foreign states, or public order or cause incitement to
the commission of any cognizable offence or prevent investigation of any
offence or is insulting any other nation;
xvii. Publish, post, disseminate information that is false, inaccurate or misleading;
violate any applicable laws or regulations for the time being in force in or
outside India;
xviii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any
item, the dealing of which is prohibited or restricted in any manner under the
provisions of any applicable law, rule, regulation or guideline for the time
being in force;
xix. Create liability for the Company or cause the Company to lose (in whole or in
part) the services of its internet service provider (“ISPs”) or other suppliers.
xx. Assign any rights or claims under these Terms without the prior written
consent of the Company.
The user shall not engage in advertising to, or in solicitation of, other Users of the
Website to buy or sell any products or services, including, but not limited to,
products or services related to that being displayed on the Website or related to
the Company. The user may not transmit any chain letters or unsolicited
commercial or junk email to other Users via the Website. It shall be a violation of
these Terms of Service to use any information obtained from the Website in order
to harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than the Company without its prior explicit
consent. The Company can (and the user hereby expressly authorize it to)
disclose any information about the user to law enforcement or other government
officials, as it, in its sole discretion, believe it necessary or appropriate in
connection with the investigation and/or resolution of possible crimes, especially
those that may involve personal injury. In order to protect its Users from such
advertising or solicitation, the Company reserves the right to restrict the number
of messages or emails which a user may send to other Users in any 24-hour
period which the Company deems appropriate in its sole discretion. The
Company understands that it has the right at all times to disclose any information
(including the identity of the persons providing information or materials on the
Website) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of illegal
activity or in response to a lawful court order or subpoena.
TENT provides an online platform for exchanging information between buyers
and suppliers of products and services. The Website does not represent the seller
or the buyer in specific transactions and does not charge any commission for
enabling any transaction. The Website does not control and is not liable to or
responsible for the quality, safety, lawfulness or availability of the products or
services offered for sale on the web site or the ability of the suppliers to complete
a sale or the ability of buyers to complete a purchase. User(s) are cautioned that
there may be risks of dealing with foreign nationals or people acting under false
pretenses. The Website uses several techniques (such as TrustSEAL) to verify the
accuracy and authenticity of the information its user(s) provide it. However, since
it is not possible in all cases and is not 100% fool-proof, TENT cannot and does
not confirm each user(s) purported identity (including, without limitation,
Verified Members). TENT encourages user(s) to use various tools available on the
website and otherwise, as well as common sense, to evaluate the user(s) with
whom they would like to deal with.
User(s) acknowledge that user(s) fully assume the risks of purchase and sale
transactions when using the web site to conduct transactions, and that user(s)
fully assume the risks of liability or harm of any kind in connection with
subsequent activity of any kind relating to products or services that are the
subject of transactions using the web site.
Such risks shall include, but are not limited to, misrepresentation of products and
services, fraudulent schemes, unsatisfactory quality, failure to meet
specifications, defective or dangerous products, unlawful products, delay or
default in delivery or payment, cost miscalculations, breach of warranty, breach
of contract and transportation accidents. Such risks also include the risks that the
manufacture, importation, distribution, offer, display, purchase, sale and/or use
of products or services offered or displayed on the Website may violate or may be
asserted to violate Third Party Rights, and the risk that you may incur costs of
defense or other costs in connection with third parties’ assertion of Third Party
Rights, or in connection with any claims by any party that they are entitled to
defense or indemnification in relation to assertions of rights, demands or claims
by Third Party Rights claimants. Such risks also include the risks that consumers,
other purchasers, end-users of products or others claiming to have suffered
injuries or harms relating to product originally obtained by user(s) of the web site
as a result of purchase and sale transactions in connection with using the web site
may suffer harms and/or assert claims arising from their use of such products.
All of the foregoing risks are hereafter referred to as “Transaction Risks”.
User(s) agree that TENT shall not be liable or responsible for any damages,
liabilities, costs, harms, inconveniences, business disruptions or expenditures of
any kind that may occur/arise as a result of or in connection with any
Transaction Risks. User(s) are solely responsible for all of the terms and
conditions of the transactions conducted on, through or as a result of use of the
web site, including, without limitation, terms regarding payment, returns,
warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits,
handling, transportation and storage. In the event of a dispute with any party to a
transaction, user(s) agrees to release and indemnify TENT (and our agents,
affiliates, directors, officers and employees) from all claims, demands, actions,
proceedings, costs, expenses and damages (including without limitation any
actual, special, incidental or consequential damages) arising out of or in
connection with such transaction. User(s) may use the content/features on web
site solely for their personal or internal purposes. Fashionablyin reserves the
right to add/modify/discontinue any of the features offered with a service.
The Company has no obligation to monitor the materials posted on the Website.
It shall have the right to remove or edit any content that in its sole discretion
violates, or is alleged to violate, any applicable law or either the spirit or letter of
these Terms of Service. Notwithstanding this right, THE USER REMAINS
SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS HE/SHE
POSTS ON THE WEBSITE AND IN HIS/HER PRIVATE MESSAGES. In no
event shall the Company assume or have any responsibility or liability for any
Content posted or for any claims, damages or losses resulting from the use of
Content and/or appearance of Content on the Website. The user hereby
represents and warrants that he/she has all necessary rights in and to all Content
which he/she provides and all information it contains and that such content shall
not infringe any proprietary or other rights of third parties or contain any
libelous, tortuous, or otherwise unlawful information.
11. COPYRIGHT AND TRADEMARK
The Company, its suppliers and licensors expressly reserve all intellectual
property rights in all text, programs, products, processes, technology, images,
content and other materials which appear on the Website. Access to or use of the
Website does not confer and should not be considered as conferring upon anyone
any license to the Company or any third party’s intellectual property rights. All
rights, including copyright, in and to the Website are owned by or licensed to the
Company. Any use of the Website or its contents, including copying or storing it
or them in whole or part is prohibited without the permission of the Company.
The user may not modify, distribute or re-post anything on the Website for any
purpose. The names and logos and all related product and service names, design
marks and slogans are the trademarks/service marks of the Company, its
affiliates, its partners or its suppliers/service providers. All other marks are the
property of their respective owners. No trademark or service mark license is
granted in connection with the materials contained on the Website. Access to or
use of the Website does not authorize anyone to use any name, logo or mark in
any manner. References on the Website to any names, marks, products or
services of third parties or hypertext links to third party sites or information are
provided solely as a convenience to you and do not in any way constitute or imply
the Company’s endorsement, sponsorship or recommendation of the third party,
the information, its product or services.
The Company is not responsible for the content of any third party sites and does
not make any representations regarding the content or accuracy of material on
such sites. If the user decides to access a link of any third party websites, he/she
does so entirely at his/her own risk and expense. The user is cautioned to read
such sites’ terms and conditions and/or privacy policies before using such sites in
order to be aware of the terms and conditions of his/her use of such sites.
12.DISCLAIMER OF WARRANTIES AND LIABILITIES
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE OFFERS SERVICES BOUND TO THE PLATFORM AND
OPERATES AS AGENT BETWEEN THE SUPPLIERS AND THE BUYERS WHO
SHALL USE THE PLATFORM FOR THEIR INTERACTIONS. THE SERVICES
OFFERED BY THE WEBSITE ARE RESTRICTED TO ACTIVITIES AS AGENT
AND IT SHALL NOT GUARANTEE AND/OR IS NOT RESPONSIBLE FOR
ACTIVITIES INCLUDING BUT NOT LIMITED TO FULFILLMENT AND
DELIVERY OF ANY ORDER/PRODUCT (THE SUPPLIER SHALL BE
RESPONSIBLE FOR FULFILLING THE ORDER), DAMAGES DUE TO
INCORRECT PRICING, INVENTORY OR PRODUCT DESCRIPTION(S),
VERIFYING THE OWNERSHIP AND CORRECTNESS OF THE DATA
SUBMITTED BY THE SUPPLIER/BUYER AND FORGED DATA OR PRODUCT
COPYRIGHT ISSUES.
URL’S/SUB-DOMAIN NAMES ASSIGNED BY TENT TO ITS USERS (WHICH
INCLUDES BOTH PAID AND FREE) IS THE EXCLUSIVE PROPERTY OF TENT
AND IT CANNOT BE ASSUMED TO BE PERMANENT IN ANY CASE. TENT
RESERVES THE RIGHT, WITHOUT PRIOR NOTICE, AT ANY POINT OF TIME,
TO SUSPEND OR TERMINATE OR RESTRICT ACCESS TO OR EDIT THE
URL’S/SUB DOMAIN NAMES. IN SUCH CASE, TENT WILL NOT BE LIABLE
TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY
LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY
THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY
KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT
a. THE USER’S REQUIREMENTS WILL BE MET OR THAT SERVICES
PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERRORFREE;

b. TO MAKE THE PLATFORM AVAILABLE FOR THE USER OR TO OBTAIN
ANY RIGHTS FROM THE USER.
c. MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE
EFFECTIVE, ACCURATE, AVAILABLE, COMPLETE, FRESH, RELIABLE
OR LEGAL;
d. ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER
MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
COMPANY WILL HAVE NO LIABILITY RELATED TO USER CONTENT
ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY,
PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO
DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS,
MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS
DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER
COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL OR DATA. THE COMPANY IS NOT
RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN
INVALID COUPON. THE COMPANY ACCEPTS NO LIABILITY FOR ANY
ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION
PROVIDED TO THE USER WHETHER ON BEHALF OF ITSELF OR THIRD
PARTIES.
IN NO EVENT SHALL TENT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND
THE PRODUCTS. USER(S) OF THIS SITE MUST HEREBY ACKNOWLEDGE
THAT ANY RELIANCE UPON ANY CONTENT SHALL BE AT THEIR SOLE
RISK.
THE COMPANY SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT
OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE
WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND
SERVICES ARE FOR INFORMATION PURPOSE ONLY.
THE USER IS SOLELY RESPONSIBLE FOR HIS PLATFORM CONDUCT. THE
USER SHALL USE HIS PLATFORM ACCOUNT AND THE PLATFORM IN
ACCORDANCE WITH THE TERMS. THE USER SHALL ESPECIALLY
WARRANT THAT HE SHALL NOT USE THE PLATFORM IN ANY
PROHIBIITED WAY AS SET OUT IN SECTION 7 AND 10.
THE USER IS SOLELY RESPONSIBLE FOR HIS CONTENT AND FOR ANY
PRIVATE OR PUBLIC OBLIGATIONS AND LIABILITIES IN CONNECTION
WITH ITS RELATIONSHIP TO OTHER BUYERS OR SUPPLIERS. THE USER
WARRANTS THAT THE CONTENT SUBMITTED BY HIM TO OR OTHERWISE
PUBLISHED ON THE PLATFORM ARE IN ACCORDANCE WITH THESE
TERMS AND DO NOT INFRINGE ANY THIRD-PARTY RIGHTS OR ANY
APPLICABLE LAW/S. THE USER FURTHER WARRANTS THAT HE/SHE
OWNS THE RIGHTS TO SUCH CONTENT AND THAT HE/SHE IS LEGALLY
CAPABLE OF EFFECTIVELY GRANTING THE RIGHTS REGARDING THE
PLATFORM’S USE.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS
WEBSITE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE
VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL
LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND
EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN
CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON)
ASSERTED AGAINST OR INCURRED BY THE COMPANY THAT ARISES OUT
OF, RESULTS FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR
NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT
OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY THE
USER PURSUANT TO THESE TERMS OF SERVICE. FURTHER, THE USER
AGREES TO HOLD THE COMPANY HARMLESS AGAINST ANY CLAIMS
MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN
CONNECTION WITH, HIS/HER USE OF THE WEBSITE, ANY CLAIM THAT
HIS/HER MATERIAL CAUSED DAMAGE TO A THIRD PARTY, HIS/HER
VIOLATION OF THE TERMS OF SERVICE, OR HIS/HER VIOLATION OF ANY
RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY
RIGHTS.
IN CASES OF AN AFOREMENTIONED ENFORCEMENT OF CLAIMS BY ANY
THIRD PARTY, THE USER SHALL PROVIDE THE COMPANY WITH ALL
AVAILABLE INFORMATION THAT IS NEEDED FOR THE EXAMINATION OF
THE CLAIM AND FOR THE DEFENSE AGAINST IT. THE USER SHALL
PROVIDE SUCH INFORMATION IMMEDIATELY, TRUTHFULLY AND
COMPLETELY.
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO THE USER, THE
VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER,
INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT THE COMPANY
HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED
ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR
WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER
CLAIM ARISING OUT OF OR IN CONNECTION WITH THE CLIENT’S USE OF
OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14.TERMINATION
This User Agreement is effective unless and until terminated by either the user or
the Company. The user may terminate this User Agreement at any time, provided
that he/she discontinues any further use of the Website. The Company may
terminate this User Agreement at any time and may do so immediately without
notice, and accordingly deny the user access to the Website.
The User and the Company shall enter into the Service Contract for a period of
six (6) months. The User may terminate the Service Contract without cause at
any time with a period of three (1) month upon receipt of the termination
declaration by the Company. In case the Company introduces new Fee, the User
may terminate the Service Contract within a period of two (2) weeks upon receipt
of the information about the introduction of a new Fee by the Company.
Further the User may object to changes made in the Terms by the Company. In
such a scenario, the User may terminate the Service Contract without cause with
a period of two (2) weeks upon receipt of the information by the Company in
regard to the refined terms via email or after displaying the refined terms on the
website, whichever is sooner.
Any declaration of termination by the User shall be via the ‘termination’ button
within the Platform account or the user may email to [email protected]
The Company may terminate the Service Contract without cause at any time
[with a period of three (3) months]. In case of termination and after the lapse of
the termination period the respective Platform account of respective User shall
still be visible to the other connected Users on the Platform for information
purposes and marked as ‘deleted’ or ‘terminated’. Outstanding Fee to the
Company and payments to other Users shall remain unaffected by the
termination done by the User.
TENT reserves the right to terminate access to certain areas or features of the
web site (to paying or registered users) at any time for any reason, with or
without notice. TENT also reserves the universal right to deny access to particular
users to any/all of its services/content without any prior notice/explanation in
order to protect the interests of TENT and/or other visitors to the web site. TENT
reserves the right to limit, deny or create different access to the web site and its
features with respect to different user(s), or to change any of the features or
introduce new features without prior notice.
TENT withholds the right to temporary or permanent termination of
membership of any user for any of the following reasons:
 If it concludes that the user(s) have provided any false information in
connection with the member account to TENT, or are engaged in fraudulent
or illegal activities.
 The user(s) breach any provisions of the terms and conditions of use
agreement and/or Agreement of website.
 Utilize website to send spam messages or repeatedly publish the same product
information.
 Post any material to members that is not related to international trade or
business cooperation.
 Impersonate or unlawfully use another companies name to post information
or conduct business of any form
 Any unauthorized access, use, modification, or control of the website data
base, network or related services.
 Obtain by any means website member’s user name and/or password.
If TENT terminates user(s) membership, user(s) will not have the right to reenroll
or join TENT under a new account or name unless formally invited to do so
by TENT. In any case of termination, no membership charges will be refunded.
User(s) acknowledge that inability to use the web site wholly or partially for
whatever reason may have adverse effect on its business. User(s) hereby agree
that in no event shall the Website be liable to the user(s) or any third parties for
any inability to use the Website (whether due to disruption, limited access,
changes to or termination of any features on the web site or otherwise), any
delays, errors or omissions with respect to any communication or transmission,
or any damage (direct, indirect, consequential or otherwise) arising from the use
of or inability to use the web site or any of its features.
Such termination will be without any liability to the Company. The Company’s
right to any Comments and to be indemnified pursuant to the terms hereof, shall
survive any termination of this User Agreement. Any such termination of the
User Agreement shall not cancel the user’s obligation to pay for product(s)
already ordered from the Website or affect any liability that may have arisen
under the User Agreement prior to the date of termination.
15.DISPUTES AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of
India, without prejudice to any mandatory conflict of laws. The sole place of
jurisdiction for all disputes arising under the Terms is Mumbai, Maharashtra,
India, unless the applicable law mandatorily requires other procedures. These
Terms shall be executed in English language.
All disputes involving but not limited to rights conferred, compensation, refunds,
and other claims will be resolved through a two-step Alternate Dispute
Resolution mechanism.
a. Stage 1: Mediation. In case of a dispute, the matter will first be
attempted to be resolved by a sole mediator who is a neutral third party and will
be selected at the mutual acceptance of a proposed mediator by both parties.
Both parties may raise a name for the sole mediator and in the case both parties
accept the proposed name, the said person shall be appointed as sole mediator.
In case the parties are not able to reach a consensus within two proposed
mediators, the Company reserves the right to decide who the final mediator is.
The decision of the mediator is not binding on both parties.
b. Stage 2: Arbitration. In case that mediation does not yield a result
suitable or preferred by any one of the parties, arbitration may follow, the award
of which is binding on both parties. The Arbitration Board shall comprise three
members – one appointed by each party and the third member to be nominated
by the two appointed members by mutual consent. Arbitration shall be held at
Mumbai, Maharashtra, India. The proceedings of arbitration shall be in the
English language. The arbitrator’s award shall be final and binding on the Parties.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution
mechanism, it shall be referred to the courts at Mumbai, Maharashtra, India.
16. PRIVACY
The Company encourages the users to read the Privacy Policy and to use the
information it contains to make informed decisions regarding their personal
information. Please also note that certain information, statements, data and
content (such as but not limited to photographs) which the user provides on the
Website are likely to reveal his/her gender, ethnic origin, nationality, age, and/or
other personal information about him/her. The user acknowledges and agrees
that his/her submission of such information is voluntary on his/her
part. Further, the user acknowledges, consents and agrees that the Company may
access, preserve, and disclose information the user provides to the Company at
any stage during his/her use of the Website. Disclosures of information to Third
Parties are further addressed in the Company’s Privacy Policy.
Both Client and the Company shall act in accordance with the worldwide
regulations as well as other regulations and/or laws applicable. The Company
only processes and uses personal data according to its Privacy Policy.
17. MISCELLANEOUS PROVISIONS
a. Entire Agreement: The terms and conditions set forth in this Section 3
and any additional or different terms expressly agreed by Client and Service
vendor shall constitute the entire agreement and understanding of Client and
Service vendor with respect to each Service Contract and shall cancel and
supersede any other prior or contemporaneous discussions, agreements,
representations, warranties, and/or other communications between them.
Notwithstanding the foregoing, the Client and Service vendor shall always remain
subject to the terms of the Company’s User Agreement.
b. Waiver: The failure of either party at any time to require performance of
any provision of this Agreement in no manner shall affect such party’s right at a
later time to enforce the same. No waiver by either party of any breach of this
Agreement, whether by conduct or otherwise, in any one or more instances, shall
be deemed to be, or construed as, a further or continuing waiver of any other
such breach, or a waiver of any other breach of this Agreement.
c. Severability: If any provision of this Agreement shall to any extent be
held invalid, illegal or unenforceable, the validity, legality and enforceability of
the remaining provisions of this Agreement shall in no way be affected or
impaired thereby and each such provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law. In such a case, this Agreement
shall be reformed to the minimum extent necessary to correct any invalidity,
illegality or unenforceability, while preserving to the maximum extent the rights
and commercial expectations of the parties hereto, as expressed herein.
18. CONTACT THE COMPANY
If the users have any questions about this Agreement, the practices of, or his/her
experience with the Service, he/she can e-mail us at [email protected]
Fashionablyin Ltd.
2-4 Exmoor Street, Unit 27, London W10 6BD
+44 2032869690
Tent
329/A Worli Village
Mumbai 400030, INDIA
+9122 40048368

© 2017 Fashionablyin. All Rights Reserved.

 
Yes No

Log in with your credentials

or    

Forgot your details?

Create Account

Yes, all this month it's going to be snowing on the Fashionablyin website, Happy Holidays!