This is a legal agreement between you, the potential user (“You”) and Ethnic India by Silk India , its subsidiaries and its affiliates.
This platform is owned by Silk India International Ltd a company incorporated under the Companies Act, 2013 having its registered office at Gr Floor 103/105 Shreenath Bhavan Old Hanuman Lane Mumbai – 400002, Maharashtra, India and its corporate office at 2nd Floor, 381-A Narottam Wadi Kalbadevi Road, Kalbadevi, Mumbai – 400002 , Maharashtra, India.
By using this Site, you acknowledge and confirm that:
These Terms are an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and amended provisions pertaining to electronic records in various statutes under relevant Indian Laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. User Agreement
You represent, acknowledge and warrant that you are an individual of legal age, of at least 18 years, to form a binding contract. If you are under the age of 18 (Eighteen) years you have received your parent’s or guardian’s consent to these Terms on your behalf, to use the Services. We reserve the right to indefinitely refuse, suspend, terminate or block your access and use of our Services on our Platform through your registered account if it is brought to our notice or if it is discovered that you are under the age of 18 years and using our Platform without requisite permissions.
You represent, acknowledge and warrant that you are an individual of legal age to form a binding contract. If not, you have received your parent’s or guardian’s consent to these Terms on your behalf, to use the Services. If your use of the Services is prohibited by applicable laws, then you are not authorised to use the Services. We reserve the right to indefinitely refuse, suspend, terminate or block your access and use of our Services on our Platform through your registered account if it is brought to our notice or if it is discovered that your use or access of our Services or Platform is, in any manner, in contravention of applicable laws.
The Platform reserves the right to charge subscription and / or membership fee(s) in respect of any part or aspect of the Services, provided over the Platform, upon prior notice and also reserves the right to modify such charge(s)/ fee(s) from time to time towards existing and/ or newly introduced services, as the case may be. You are responsible for obtaining access to the service, and that access may involve third party fees (such as internet service provider or airtime charges, messages or data charges). You are responsible for the fee(s) associated with the display or delivery of ordered products. In addition, you are responsible for all equipment necessary to access the service. The Subscriptions are set to automatically renew,unless and until you cancel the automatic renewal 7 days prior the next renewal date.
Further we enable online verification and authorization of payments through Payment services like : Razor Pay payment gateways. All our Credit Card, Debit Card and Net Banking transactions are processed over a secured encrypted connection. So you can be rest assured about the mode of payment you choose.
The following Payment modes are available on the Website:
- Credit Cards: Credit Cards of most of the major banks
- Debit Cards: Debit Cards of most of the major banks
- UPI or Net Banking.
- Cash on Delivery. In this mode, the payment is made at the time of the delivery of your order. However, the COD facility is available only in India.
- International Customers can Razor Pay to make their payments.
4. Intellectual Property Rights
5. Limited License
Subject to the compliance with the Terms herein, SIIL hereby grants you a personal, limited, non-exclusive, non-transferrable, freely revocable license to use SIIL Services for the personal and non-commercial viewing and downloading the extracts this Site only. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You should not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from the Platform. Content on the Site or the Platform and / or SIIL Services and/or products are being provided to you for your personal and non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or rented or otherwise exploited for any other purpose, without out prior consent.
6. Products and Pricing
Products: SIIL enables the sale of variety of products on its Platform including the products of Silk India Creators (“SIC”) with requisite permission(s) and authorization(s). Each product on the Platform is sold subject to its product description. While SIIL strives to provide accurate descriptions, pricing details and other information about the products appearing on the Platform, it is likely that certain typographical or other errors may appear on the Platform which may not always reflect the inaccurate position while you are placing the order. In such an event, SIIL may, at its discretion, contact you for instructions or cancel your order and notify you of such cancellations.
Pricing: The pricing information relating to the product shall be disclosed to you at the time of your purchase. SIIL does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you. SIIL will have the right to modify the price of the product and contact you for further instructions via the e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation. If SIIL cancels the order after the payment has been processed, the entire amount will be remitted to your account from which the payment was made.
7. Individual Registration, Access, Use of Service and Exchange of Information
To access the Services of purchasing products from this Site, you are required to open an Account by completing the registration process (which means providing us correct, complete and accurate details as prompted in the registration form). You agree that each registration to access or use of our Services on the Platform is for a single individual user only. To access the service, you will be asked to enter your individual Username and Password. Therefore, we do not permit any of the following: –
a) Any other person sharing your User Name and Password.
b) Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Site as users.
c) Access through a single Username and Password being made available to multiple users on a network.
Therefore, in all such events where you allow others to have access to your account on the Platform for availing services or otherwise, you agree that they will be able to view and access your account information and you shall be solely liable and responsible for all the activities undertaken under your account and any consequences therefrom, which may occur as result of another party using your account. You also agree to immediately notify us of any unauthorized use of your account or any other breach of security and ensure that you exit from your account at the end of each session by signing off. The Company shall not be responsible for any unauthorized access or alteration of your account, transmissions of data, or any material or data sent or received or not sent or not received through the Site. You further agree that we shall not be liable for any loss or damage arising from your failure to comply with this Cause. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to the authorized or unauthorized use of your account. 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. We will attempt to limit the frequency and duration of any such suspension or restriction. However, we will not be liable, if for any reason, the Site is unavailable at any time or for any period.
You acknowledge that we are taking all reasonable precautions to ensure that all your personal information/ data stored on our platform is secure. However, you agree and accept that in case, in spite of all these precautions on our part, if there is any attack in the form of hacking, distribution denial of service attack (DDOS), etc., which results in your personal data on our platform being compromised, we shall not be liable to you for any such loss or damage caused by any technologically harmful material such as viruses or a DDOS or otherwise. In all such cases, you agree to indemnify us from all losses or damage caused to you resulting from such attacks. We shall not be held liable for any loss or damage that may affect your computer, computer equipment, programmes, or any other material as a result of downloading material from our website or our platform, or any of the sites we link to or link to us.
9. Shipping and Delivery
We endeavour to deliver our orders across India, covering most postal pin codes via our courier partners. You understand that processing and dispatching an Order usually takes up to 48 hours from such time the Order is first placed. The date of delivery shall depend on your Pin/Zip code. Orders once confirmed cannot be edited.
In case you order products from our Platform for delivery outside India, additional import duties and taxes may be imposed (including separate import duties and taxes levied after the delivery reaches the specified destination). You will be responsible for payment of any such import duties and taxes, as applicable. We agree that we do not have any control over these charges and cannot predict their amount.
10. Disclaimer of Warranties
All the contents of the Site are only for general information or use. You understand and agree that your use of the Services is at your sole risk and that the services are provided “as is” and “as available”. In particular, SIIL, its subsidiaries and affiliates, and its licensors or suppliers do not make any representations or warranties of any kind, express or implied, including without limitation that your use of the Services will meet your requirements; or will be uninterrupted, secure, timely or free from error; or any information obtained by you will be complete, reliable, legal or accurate.
We reserve the right to disclosure of any personal information about you and your use of the Site including its contents, without your prior permission if we have a good faith belief that such action is necessary to:
a. conforms to legal requirements or comply with legal process;
b. protect and defend our rights or property and those of our affiliated companies;
d. act to protect the interest of our members or others.
Our performance of these Terms is subject to existing laws and legal process and nothing contained in these Terms is in derogation of our rights to comply with governmental, court and law enforcement requests or requirement relating to your use of the Site or services or information provided to or gathered by us with respect to such use.
11. Third Party Content
Certain links on the Site, including our other online platforms, lead to resources located on servers maintained by third parties over whom we have no control or connection with business or otherwise. You agree and understand that by visiting such external websites you are out of the Site and are no longer using the Services. We have not reviewed these external websites and are not responsible for their content or availability. You acknowledge that we are providing these links only as a matter of convenience. If You decide to access any of the third-party websites linked to the Services, you do so entirely at Your own risk. Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon. We, therefore, neither endorse nor offer any judgment or warranty nor accept any responsibility or liability for any damage, loss or harm (direct or consequential) or any violation of local or international laws that may be incurred by your visit and/or transaction(s) on these websites. Any such loss or damage caused to you by accessing these linked external websites shall be entirely at your own responsibility.
Additionally, by using the Services you acknowledge and agree that, while we are taking all reasonable precautions to secure all your personal information/ data stored on our platform, however, internet transmissions are never completely private or secure. You understand that, despite out safety precautions, if there is any attack in the form of hacking, distribution denial of service attack (DDOS), etc., which results in loss or compromise of your personal data on our platform, we shall not be liable to you for any such loss or damage, caused by any technologically harmful material such as viruses or a DDOS or otherwise.
When You use the Services or send emails or other data, information or communication to Us, you agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from us. We may send information and offers of products and services to you periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
You shall not assign or transfer or support to assign or transfer, either temporarily or permanently, your account details or this contract between you and us to any other person. You agree to accept that your account on the platform is non-transferable.
15. National and International Return Policy
Return or cancellation of your order placed on the Platform can be made, subject to certain conditions laid down under the Return policy stated on this website. You are therefore requested to review them as applicable, based on your location of delivery.
To the fullest extent allowed by the law, you agree to defend, indemnify and hold SIIL and our affiliates harmless from and against any or all claims, liabilities, damages (actual and consequential) , losses and expenses (including attorneys’ fees), arising from or related to:
(I) hacking, any third-party claims or your access to or use of the Services or the Platform (including third party use from your account );
(iii) violation of any law, rules and regulations or rights (including infringement of intellectual property rights) of a third party.
17. Force Majeure
We shall have any liability for any interruption or delay in access to the Platform, due to the Force Majeure Event. Our obligations in respect of the Services on the Platform will be postponed until circumstances beyond our reasonable control cease to continue. The Force Majeure events includes those events resulting from natural hazards, disasters, labour unrest, embargo, strike riots, lockouts, epidemic, pandemic, fire, flood, earthquakes, typhoons, war, acts of foreign enemies or other perils or by any circumstances beyond the reasonable control of the parties, including but not limited to acts of god, war or national emergency, government or statutory action, civil commotion or industrial dispute.
18. Waiver and Severability
20. Complaint and/or Feedback
Any complaints or concerns or feedback with regards to content and or comment or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below in writing via post or through email to [email protected]
Mrs. Raksha Gohil
381-A Narottam Wadi, Kalbadevi Road, Kalbadevi Mumbai, Maharashtra, India
Ph: +91 9820936178
The Grievance related to any specific order needs to be placed by the same email id through which your account is registered on our platform and through which the order was placed. It should be clearly stated as to how the complainant is aggrieved by the content or the product. The complaint must be signed by the complainant.
21. Statute of Limitations
22. Dispute Resolution
The venue/seat of Arbitration shall be Mumbai and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
23. Governing Law
24. Entire Agreement
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.