Terms of Service

TERMS AND CONDITIONS

By accessing the AKloset website found at www.akloset.in, whether through a mobile device or computer (collectively, the “Service”) you agree to be bound by these Terms of Use (this “Agreement”).

You should also read AKloset’s Privacy Policy, which is incorporated by reference into this Agreement and available in the Service. If you do not accept and agree to be bound by all of the terms of this Agreement, including the AKloset Privacy Policy, do not use the Service. Please contact us with any questions regarding this Agreement.

1. Acceptance of Terms of Use Agreement.

1.1 This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement includes the Firm’s (i) Privacy Policy, (ii) our Safety Tips and (iii) terms disclosed and agreed to by you if you purchase or accept additional features, products or services we offer on the Service, such as terms governing features, billing, free trials, discounts and promotions.

1.2 The contents set out are in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website.

1.3 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.

1.4 The Website is operated by Asthitva, a Firm having its registered office at Chennai. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.

1.5 This Agreement may be modified by the Firm from time to time, such modifications to be effective upon posting by the Firm in the Service. The Firm will not notify the changes by way of any individual communication other than posting the revised terms on its website.

1.6 By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.

1. Eligibility

No part of AKloset is directed to persons under the age of 18. You must be at least 18 years of age to access and use the Service. Any use of the Service is void or prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of India, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.

1. Creating an Account

Any person may access the Website and the Products by registering to the Website. Registered Users will have access to all sections of the Website including certain benefits/promotional offers, and which may change from time to time at the sole discretion of the Website.

If you wish to register yourself, you must use your email account. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).

1. Account Security.

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Firm of any disclosure or unauthorized use of your username or password or any other breach of security care@Sa-aki.in and ensure that you logout from your account at the end of each session.

The Firm cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Firm for any loss and damage suffered by you on account of your failure to comply with the terms and reasonably expected good practices in this regard.

For more information regarding the details we collect from you and how we use it, please consult our Privacy Policy

AKloset shall not be responsible if some purchase is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s). Any dispute in connection to the same shall be settled between the end customer and the network operator without involving AKloset.

1. Products

The Website operates as an online platform to advertise, display and sell AKloset Products to Users. The Website works towards making the engagement of the Users and various Sellers easy and provides such other services as are incidental and ancillary thereto. Additionally, the Website has the right to terminate the services offered at any time to the Users without any notice.

All products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for reference purpose alone and actual product might vary from the product image exhibited. The Website disclaims any liabilities surfacing out of any discrepancies to this end.

Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been wish listed by a User. The Website denies any and all claims and/or liabilities arising from such change in pricing.

Sizing

The fit of our clothing depends on the cut, fabric and style of each garment. Some garments are designed to have a looser, relaxed fit and some garments are styled to be more fitted. Please review our sizing guide to select the size best suited to you.

Product Properties and Wash Care

Colours: We have done our best to display as accurately as possible the colours of the products shown on this Web site. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Please follow the wash care guidelines mentioned on the product purchased. Reds and blues tend to run. Please always wash like colours together and dry inside out in the shade.

1. Term and Termination.

This Agreement will remain in full force and effect while you use the Service and/or have a AKloset account. You may disable your account at any time, for any reason, by following the instructions in “Settings” under the home menu in the Service. The Firm may terminate or suspend your account at any time without notice if the Firm believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Firm is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

1. User Conduct and Rules:

The Firm reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Firm regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

• Impersonate any person or entity.
• Solicit money from any users.
• Post any Content that is prohibited by Section 9.
• “Stalk” or otherwise harass any person.
• Express or imply that any statements you make are endorsed by the Firm without our specific prior written consent.
• Use the Service in an illegal manner or to commit an illegal act;
• Access the Service in a jurisdiction in which it is illegal or unauthorized;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• Collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
• Interfere with or disrupt the Service or the servers or networks connected to the Service.
• Email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
• “Frame” or “Mirror” any part of the Service, without the Firm's prior written authorization.
• Use meta tags or code or other devices containing any reference to the Firm or the Service (or any trademark, trade name, service mark, logo or slogan of the Firm) to direct any person to any other website for any purpose.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
• The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Firm or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes.
• Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent.
• The Firm may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.
• Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
• Attempt to list, offer for sale or sell any product which is counterfeit in nature or infringes the intellectual property rights of another.

1. Customer Service.

The Firm provides assistance and guidance through its customer care services. When communicating using customer care services, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behaviour towards any of our employees at any time is threatening or offensive, we reserve the right to immediately terminate your account and initiate appropriate actions.

1. Modification to Service

The Firm reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Firm shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Firm reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.

1. Proprietary Rights.

The Firm owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Firm and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Firm or, if such property is not owned by the Firm, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

1. Notice and Takedown Policy

In the event the Firm or any User becomes acquainted with any offensive content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, then, the Firm, by itself or upon notice of a communication from any of its Users, without any prior notification can take down the content from the Website. Without limiting the foregoing, if you believe that your intellectual properties has been infringed by any Content on the Website then please contact care@sa-aki.com  informing them of the exact product along with the URL and the specific details of the intellectual property rights infringed by said post or Content.

The Firm has a no-tolerance policy and is very mindful of intellectual property rights of others and believes in strong enforcement of the same. Any Content which infringes the intellectual property of another shall be permanently terminated. The Firm reserves all rights to take necessary legal recourse as it may deem fit.

1. Disclaimers
2. You acknowledge and agree that neither the Firm nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.To the maximum extent allowed by applicable law, the Firm provides the service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The Firm does not represent or warrant that the service will be uninterrupted or error free, secure or that any defects or errors in the service will be corrected.
3. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the service.
4. From time to time, the Firm may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content.The Firm does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the service. Under no circumstances will the Firm or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the service, or transmitted to or by any users.
5. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Firm makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
6. Links

The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that the Firm is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that the Firm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource. The Firm is not responsible to notify the user of any privacy policy or terms of use that may be applicable on such third party links.

1. Limitation on Liability

To the fullest extent allowed by applicable law, in no event will the Firm, its affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Firm has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Firm's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Firm for the service while you have an account. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the terms of this agreement must be filed within one year after such claim or cause of action arose or be forever barred.

1. Indemnity by You

You agree to indemnify and hold the Firm, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), and the violation of any law or regulation by you. The Firm reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Firm in connection therewith.

1. Entire Agreement; Other.

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Firm regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Firm to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Firm in any manner.

1. Amendment.

This Agreement is subject to change by the Firm at any time.