Terms And Conditions
Please read the following Terms and Conditions (“Terms”) carefully-:
By subscribing to and/or using any of our services in any manner, you agree that you have read, understood and will comply with the T&C.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Provider" means an independent third party service provider, and "we", "us" and "our" shall mean Jade eServices Private Limited (EthnicKhazana.com), its associates, affiliates, subsidiary(ies).
- www.ethnickhazana.com website ("Website") is an Internet based content and International e-commerce portal operated by ZAR Private Limited, an Indian Company.
- Use of the Website is offered to you on a condition that you shall abide by the T&C as modified from time to time EthnicKhazana.com at its sole discretion reserves the right not to accept registration of a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process. You shall be responsible for maintaining the confidentiality of your account & its password as well as all the transactions/requests done/received under your password or account. You agree to (a) immediately notify EthnicKhazana.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EthnicKhazana.com shall not be liable for any loss or damage arising from your failure to comply with the T&C.
EthnicKhazana.com provides services through the Website (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands. (Collectively, "Products"). Upon placing an order, EthnicKhazana.com shall ship the product to you and you shall be responsible for its payment
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that EthnicKhazana.com 's name is stated as the source and prior written permission of EthnicKhazana.com is taken . 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.
User Conduct and Rules:
You agree and undertake to use the Website and the Service and to write messages/comments which are not obscene/defamatory. An illustrative list is reproduced below:
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- 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;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force in or outside India; and
- violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
User Warranty and Representation:
The user guarantees, warrants, and certifies that he/she is the owner of the content which is submitted or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. User further warrants that to his knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by user in connection with the Services rendered by EthnicKhazana.com.
Exactness Not Guaranteed:
EthnicKhazana.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a representative from EthnicKhazana may call you or send an approval request via the email address, which you submitted when placing your order.
If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. EthnicKhazana may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will either be fully refunded or will be provided with suitable credit for future purchase with EthnicKhazana.com
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, EthnicKhazana.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to EthnicKhazana without obtaining authorization for the same.
- 1. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Links To Third Party Sites:
The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of EthnicKhazana.com and EthnicKhazana is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EthnicKhazana.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. EthnicKhazana.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EthnicKhazana or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation Of Liability:
EthnicKhazana has endeavored to ensure that all the information on the Website is correct, but EthnicKhazana neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall EthnicKhazana be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall EthnicKhazana be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, EthnicKhazana shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond EthnicKhazana's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless EthnicKhazana from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by EthnicKhazana that arise out of, result 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 you pursuant to these T&C.
Prices for products are described on our Website and are incorporated into these Terms by reference. All products will be finally billed in US dollars. This price may vary from what is seen on the website due to following reasons including but not limited to currency fluctuations and bank charges and EthnicKhazana.com would not be liable for it. Prices, products and Services may change at EthnicKhazana’s discretion.
Title and risk of loss for all products ordered by you shall pass on to you after you receive the product.
- 1. EthnicKhazana may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
- 2. If you or EthnicKhazana terminates your use of the Website or any Service, EthnicKhazana may delete any content or other materials relating to your use of the Service and EthnicKhazana will have no liability to you or any third party for doing so.
- 3. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi/Gurgaon.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation of Number and Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. EthnicKhazana does not review the contents in any way before they appear on the Website. EthnicKhazana does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report tocare@EthnicKhazana.com.
What we do about mispricing:
Despite our best efforts, a small number of the many hundreds of items in our catalogue could be mispriced. However, we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.
General Terms for Offers and Promotions:
- Discounts will be applied to the total merchandise valueIssuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
- Only one credit note/gift coupon/coupon can be used per order unless otherwise offered.
- Discount coupons - Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases through the account to which the discount coupon was offered and registered.
- Promotional discount coupons - Websitemay from time to time offer promotional discount coupons which may apply in respect of any, or certain specified purchases made though this Website.
- EthnicKhazana.com shall introduce various offers, schemes or contest at different times. The terms and conditions for such Contest shall be separately available on the Site.
- EthnicKhazana reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. EthnicKhazana, at its discretion, can withdraw a particular scheme from the website or market.
- In case of any query pertaining to use of coupon and/or credit note or regarding the schemes, please email customer care at care@EthnicKhazana.com