This website, mobile application or social media platform (“Site”) is operated by Apparel Group India Private Limited.

Access to this Site and/or the Services (both defined below) is subject to these terms and conditions and our Privacy, Cookies and Data Protection Policy (collectively known as “Web Terms”). By accessing this Site, ordering Products and/or using the Services, you agree to be legally bound by these Web Terms. At times, additional terms may apply. If you do not accept these Web Terms and/or the additional terms, please leave the Site and discontinue use of the Services immediately.

You hereby represent and warrant that:

1. you have read and accept the Web Terms in its entirety;
2. you are at least 20 years old and have the necessary legal capacity, right, power and authority to accept these Web Terms and you are either;
   • accessing this Site, using the Services and contracting in your own personal capacity; or
   • accessing this Site, using the Services and contracting on behalf of a corporate or other legal entity.
3. you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Web Terms; and
4. all of the information provided by you to Apparel group (including without limitation personal particulars and contact information) is accurate and complete.

In this Agreement, the following definitions shall apply unless the context does not permit:

• Account is defined in Clause 5.1.
• Agreement means the agreement formed by the Web Terms.
• Apparel group means all Content of apparel group that is made available on or via this Site.
• Computer means your computer; notebook computer; personal digital assistant; mobile phone; tablet device; or other electronic device used to access this Site or the Services.
• Content means Product listings, Product descriptions & reviews, materials, information, news, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
• Linked Sites means websites whose links appear on the Site.
• Marks means the logo, trademarks and service marks used on the Site.
• Privacy Policy means our Privacy, Cookies and Data Protection Policy as reflected on the Site, which might be amended from time to time.
• Products means products and/or services for which Apparel group invites orders on this Site.
• Servers means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
• Services is defined in Clause 3.2.
• Third Party Products means products and services of third parties advertised on or available at the Site or websites linked from the Site, including products supplied by third parties.
• Third Party User Content means all User Content which is not created, transmitted, posted or uploaded by you.
• User Content means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
• Web Terms means the Site terms and conditions as well as the Privacy, Cookies and Data Protection Policy.

The words "include" and "including" shall not be construed as having any limiting effect. The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.

The Site is owned and maintained by us. We may now or in the future offer one or more of the following services on or through the Site (each a "Service" and collectively the "Services"):

• online ordering of Products
• access to Content
• search engines or tools
• a platform to create, upload and publicly make User Content available
• Product reviews and catalogs, message boards, forums, blogs, communication tools; and
• any other features, content or applications that we may offer on the Site from time to time in its sole and absolute discretion.

You acknowledge and agree that by placing an order for Products and to access and use certain Services, you will be deemed to have agreed to the Web Terms.

You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:

• any Service
• the Site
• any Apparel group Content except with prior written consent from Apparel group or unless expressly permitted in these Web Terms
• any User Content except with prior written consent from Apparel group and the owner of the specific User Content, unless you are the sole owner of said User Content.

Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, Apparel group Content, or Third Party User Content on another website or server. This includes framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission from us.

All Content are the copyrighted work of Apparel Group India Private Limited, Pte Ltd or their affiliates or their content or software providers. Apparel Group India Private Limited and their affiliates reserves and retains all rights to the Content. Use of some this Content may be governed by the terms of an accompanying end user license agreement.

The copyright, patents, Marks, registered designs and all intellectual property rights used in the Services, the Site, including, and without limitation, User Content copyright, shall remain with Apparel Group India Private Limited or their affiliates. The Site as a whole is protected by copyright and all worldwide rights, titles and interests in and to the Site are owned by Apparel Group India Private Limited, or their affiliates. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of such intellectual property from any portion of the Site is prohibited. All rights not expressly granted in written are reserved by Apparel Group India Private Limited or their affiliates.

The Marks displayed on this Site are the property of Apparel Group India Private Limited, their affiliates or other third parties, and all rights to the Marks are expressly reserved by Apparel Group India Private Limited, their affiliates or the relevant third parties. You are not permitted to use any Marks without the prior written consent. Apparel Group India Private Limited, and their affiliates aggressively enforces their intellectual property rights to the fullest extent of the law. The name or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission from the relevant owner of the Mark.

The domain name on which the Site is hosted on is the property of Apparel group or its affiliates and you may not use, or otherwise adopt a similar name for your own use.

You hereby undertake:

• to comply with these Web Terms, and other notices or guidelines that may be posted on the Site by us from time to time (which shall be incorporated by reference into these Web Terms)
• not to use any Service or Apparel group Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;
• not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
• not to use the Account of another user at any time, whether with or without his/her permission.

You agree to exercise respect and to act reasonably when participating in any community feature on the Services which permits you to upload or submit User Content. You agree not to use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others.

You may not submit, upload or publish on the Site or us:

• any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law or the proprietary or other rights of any third party;
• any User Content that solicits funds, commercial solicitation, chain letters, mass mailings or any form of “spam” or includes programs that contain viruses, Trojan horses, worms, time bombs, data miners, web crawlers, bots, spiders or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer; or
• without the relevant third party owners’ permission, any links to third party websites or use any third party Marks, (individually and collectively "Improper Works").

If, at any time you upload or post User Content to the Site you automatically:

• grant us and its subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual and worldwide licence to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers
• represent and warrant that:
  • all User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
  • none of the User Content are proprietary or confidential;
  • none of the User Content are Improper Works, nor will they expose us to any civil or criminal proceedings in any part of the world
• the use of Apparel group and other users for the purposes and in the manner set out in this Clause 10.3, and the hosting of the User Content on the Servers by us will not require any further licences from, or infringe any intellectual property or other rights of, any third party

We at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, we may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which we believes are Improper Works, or which is the subject of any dispute.

You agree to indemnify and hold us and its officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of any User Content or Improper Works you submit, post to or transmit through the Site or Services.

The copyright and intellectual property rights in all User Content which belong to you prior to uploading on this Site shall be retained by you, subject to the licences granted by you under these Web Terms (including under Clause 10.3), and subject to our rights in the compilation of all User Content.

While we make every effort to ensure that all Apparel group Content displayed on the Site is accurate and complete, we provide the Apparel group Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, we do not warrant that the functions contained in or access to the Site, Services, Apparel group Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Apparel group Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Apparel group Content in or with any Computer will not affect the functionality or performance of the Computer. We do not warrant or make any representations regarding the use or the results from the use of Apparel group Content, Services, Site or Servers in terms of their accuracy, completeness, reliability, or otherwise. You (and not us) will assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold us liable for the loss of any of your User Content that is due to any circumstances beyond our reasonable control.

The data and information made available on the Site are of a general nature and do not mean, and shall not in any way constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. We does not sponsor, endorse or promote any products, services or information.

You acknowledge that it is not our policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that we does not endorse and shall not be responsible for any such content.

You acknowledge and agree that we does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and we hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.

You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk. We shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.

You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Web Terms, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we shall not be responsible or liable for any User Content, and you agree to access and use User Content only at your own risk and with care and discretion.

You agree that:

• We shall be entitled at any time, at its sole and absolute discretion and without prior notice, add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason
• access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such an event, we shall not be liable for any loss, liability or damage which may be incurred as a result

In no event shall we be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Apparel group Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that we are found to be liable for damages despite the foregoing provision, you agree that our aggregate liability to you for any and all causes of action in relation to the Apparel group Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to us for the one (1) month period immediately preceding the time such liability arose. The liability exclusions and limits for Products offered for sale on this Site are set out in the Terms and Conditions of Sale.

Under no circumstances, including, but not limited to negligence, shall we be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Apparel group Content, Services, Third Party Products, Site, or any other website, even if we or our authorised representative has been advised of, or should have foreseen, the possibility of such damages.

You agree that the above exclusions and limitations of liability enable the Services and the Apparel group Content may be provided at reasonable costs to you.

We may provide links to Linked Sites that may be of relevance and interest to our users. We have no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites. You hereby irrevocably waive any claim against us with respect to the Linked Sites.

We do not endorse any entities featured on Linked Sites or any products or services which may be available from Linked Sites.

Please do not submit any personal information or data without first reading our Privacy, Cookies and Data Protection Policy which explains our data use and privacy practices in detail.

You agree that we have the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.

We reserves the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of Apparel group Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify us in writing immediately ("Infringement Notice").

All Infringement Notices shall be sent to us in the following format:

Apparel Group India Private Limited
Raiskaran Tech Park Third Floor,
Unit No.1, Tower I, Phase II, Andheri - Kurla Rd,
Marol, Mumbai, Maharashtra 400072

We will, in response to all Infringement Notices submitted in the above manner, undertake the necessary investigations and if necessary remove the Infringing Material from the Site within a reasonable time. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect to any Infringing Material, unless you have first given us the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter we refuse or fail to remove the Infringing Material within a reasonable time. If we remove the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under any applicable law which you may have in respect to any Infringing Material appearing on the Site prior to removal by us.

You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect to Infringing Material appearing on Linked Sites or other third party sites.

This Site is operated by Apparel Group India Private We make no representation that the Services or Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location can do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to indemnify and hold us, and our officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses that we, and our officers, agents, co-branders or other partners, and employees, may be subject to, directly or indirectly, due to, or arising out of:

• any use of the Site or any Site
• your connection to the Site
• your breach of any terms and conditions of these Web Terms
• your violation of any rights of another person or entity; or
• your breach of any statutory requirement, duty or law.

We reserve the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.

We may from time to time vary or amend these Web Terms by posting the amended Web Terms at this Site. Any use of the Services or access to the Site after the amendment of these Web Terms will be considered as acceptance of the amended Web Terms by you. If you do not agree to the amended Web Terms, you have the right to cease using the Services or to exit the Site.

If any provision of these Web Terms is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Web Terms shall continue in force save that such provision or part thereof shall be deemed to be deleted.

Nothing in these Web Terms shall constitute or be considered to constitute as an agency, partnership or joint venture between us and you. Neither party shall have any authority to bind the other in any way.

No waiver of any rights or remedies by us shall be effective unless made in writing and signed by our authorised representative.

A failure by us to exercise or enforce any rights conferred upon it by these Web Terms shall not be considered to be a waiver or variation of any such rights, or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

These Web Terms and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law.

You hereby agree to submit to the exclusive jurisdiction of the Mumbai.

Should there be any inconsistency between the English languages version of this Terms of Use and any translation hereof, the English language version shall prevail.

• Discounted prices on surplus stock

• Products might have less than 12 months' shelf life

• Delivery within 5–10 business days from order date