PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY Khaish Fashion (“KHAISH”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT www.khaish.com (THE “SITE”) AND ALL SERVICES PROVIDED BY KHAISH ON THE SITE. khaish.com IS NOT AFFILIATED WITH ANY OTHER WEBSITE.
All products/services and information displayed on Khaish Fashion constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Khaish Fashion reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Khaish Fashion prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Eligibility for Membership
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption, the sale or purchase of which to/by minors are strictly prohibited.
Khaish Fashion reserves the right to terminate your membership and refuse to provide you with access to the Site if Khaish Fashion discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Khaish Fashion for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Khaish Fashion, you agree to be bound by the Terms and Conditions.
Account and Registration Obligations
“Your Information” is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password. Khaish Fashion shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password, you should notify us by contacting us immediately through the address provided below. If Khaish Fashion has reason to believe that there is likely to be a breach of security or misuse of the Khaish Fashion Site, we may require you to change your password or we may suspend your account without any liability to Khaish Fashion.
You also agree to:
Provide true, accurate, current and complete information about yourself in Khaish Fashion’s registration form (such information being the “Registration Data”).
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Khaish Fashion has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Khaish Fashion has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Pricing Information
While Khaish Fashion strives to provide accurate product and pricing information, pricing or typographical errors may occur. Khaish Fashion cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Khaish Fashion shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Khaish Fashion may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Khaish Fashion will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Khaish Fashion accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Khaish Fashion dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
We strive to provide you with the best prices. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.
Cancellation by Khaish Fashion
Please be aware that certain orders may not be accepted and must be canceled. We retain the right, at our sole discretion, to refuse or cancel any order for various reasons. Situations leading to order cancellation may include limitations on available quantities for purchase, inaccuracies or errors in product or pricing information, or issues identified by our credit and fraud prevention department. Additionally, we may necessitate further verifications or information before approving an order. If any part or the entirety of your order is canceled, or if additional information is needed, we will promptly notify you. In the event that your order is canceled after your credit card has been charged, the respective amount will be refunded to your Card Account.
Credit Card Details
You agree, understand, and confirm that the credit card details provided by you for availing of services on Khaish.com will be correct and accurate, and you shall not use a credit card that is not lawfully owned by you. In a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on Khaish.com. Your credit card information never reaches Khaish.com; we only receive a pass, hold, or fail message from our payment gateways. The provided information will not be utilized or shared by our payment gateways or Khaish.com with any third parties unless required for fraud verifications or by law, regulation, or court order. Khaish.com will not be liable for any credit card fraud. The liability for the fraudulent use of a card will be on you, and the burden to prove otherwise shall be exclusively on you.
Fraudulent/Declined Transactions
Khaish.com reserves the right to recover the cost of goods, collection charges, and legal fees from individuals using the website fraudulently. Khaish.com reserves the right to initiate legal proceedings against such individuals for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.
As a merchant, we shall not be liable whatsoever for any loss or damage arising directly or indirectly from the decline of authorization for any Transaction due to the Cardholder having exceeded the preset limit mutually agreed upon by us with our acquiring bank from time to time.
Electronic Communication
When you visit the Site or send emails to us, you are engaging in electronic communication with us. By doing so, you consent to receive communications from us electronically. We will communicate with you via email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically fulfill any legal requirement for written communication.
Fraudulent / Declined Transactions
Khaish Fashion reserves the right to recover the cost of goods, collection charges, and legal fees from individuals using the Site fraudulently. Khaish Fashion reserves the right to initiate legal proceedings against such individuals for fraudulent use of the Site and any other unlawful acts or breaches of these terms and conditions.
As a merchant, we shall not be liable for any loss or damage arising directly or indirectly from the decline of authorization for any transaction due to the cardholder exceeding the preset limit agreed upon by us with our acquiring bank.
Conditions for Customer Support Chat
Khaish Fashion may suspend its live support service at any time without notice.
Khaish Fashion or its representatives are not responsible for any delays in attending to or replying to queries via chat. Any communication through chat may be stored by Khaish Fashion for reference purposes, and customers would not have the right to access this information at a later date.
While using the chat service, you may not share objectionable information, including unlawful, threatening, abusive, defamatory, or obscene content. The chat room must not be used for selling products or soliciting business opportunities.
You may proceed to chat with our online customer care executive only if you agree to the above terms and conditions.
You Agree and Confirm
In the event of a non-delivery due to a mistake by you (such as incorrect name or address), any additional costs incurred by Khaish Fashion for redelivery shall be claimed from you.
You agree to use the services provided by Khaish Fashion, its affiliates, and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on it.
You will provide authentic and accurate information whenever requested. Khaish Fashion reserves the right to confirm and validate the information provided by you at any time. If your details are found to be untrue, Khaish Fashion reserves the right to reject registration and prohibit you from using its services without prior notice.
You acknowledge that you are using the services available on this Site at your sole risk and are exercising your best judgment before entering into any transaction.
You confirm that the delivery address provided for the ordered product will be correct and accurate in all respects. Before placing an order, you agree to carefully review the product description and abide by the conditions of sale included therein.
You may not use the Site for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct constituting a criminal offense, civil liability, or breaches any relevant laws, regulations, or code of practice.
- Gaining unauthorized access to other computer systems or interfering with any other person’s use or enjoyment of the Site.
- Breaching any applicable laws.
- Interfering or disrupting networks or websites connected to the Site.
- Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
Modification of Terms & Conditions of Service
Khaish Fashion may modify the Terms & Conditions of Use of the site at any time without prior notification to you. The latest version of the User Agreement can be accessed at any given time on khaish.com. You should regularly review the Terms & Conditions on khaish.com. If the modified Terms & Conditions are not acceptable to you, you should discontinue using the service. However, if you continue to use the service, you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Khaish Fashion, and their decision shall be final and binding on the parties hereto. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be held in Mumbai. The High Court of judicature at Mumbai alone shall have jurisdiction, and the Laws of India shall apply.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to Khaish Fashion on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Khaish Fashion’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Khaish Fashion of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, Khaish Fashion exclusively owns all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Khaish Fashion will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Khaish Fashion is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
Khaish Fashion does not regularly review posted Comments but reserves the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Khaish Fashion the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify Khaish Fashion and its affiliates for all claims resulting from any Comments you submit. Khaish Fashion and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Force Majeure
Khaish Fashion cannot be held liable for failure to fulfill its commitments to the Customer if such failure is due to a case of force majeure, such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, ice, flood, adverse weather conditions, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decisions of administrative supervisory bodies, etc.
Copyright & Trademark
Khaish Fashion and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials appearing on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Khaish Fashion’s or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Khaish Fashion or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Khaish Fashion. You may not modify, distribute, or repost anything on this website for any purpose.
The Khaish Fashion names, logos, related product and service, and slogans are trademarks or service marks of Khaish Fashion. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. All software used on this Site is the property of Khaish Fashion or its suppliers and is protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by Khaish Fashion, one of its affiliates, or by third parties who have licensed their materials to Khaish Fashion and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Khaish Fashion and is also protected by Indian and international copyright laws.
Objectionable Material
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Khaish Fashion and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to defend, indemnify, and hold harmless Khaish Fashion, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Khaish Fashion or any third party, including but not limited to breach of any warranties, representations, or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations, including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Termination
This User Agreement is effective unless and until terminated by either you or Khaish Fashion. You may terminate this User Agreement at any time by discontinuing any further use of this Site. Khaish Fashion may terminate this User Agreement at any time, immediately and without notice, thereby denying you access to the Site. Such termination will be without any liability to Khaish Fashion. Upon termination of the User Agreement by either you or Khaish Fashion, you must promptly destroy all materials downloaded or obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Khaish Fashion’s rights to any Comments shall survive any termination of this User Agreement. Termination of the User Agreement shall not cancel your obligation to pay for products already ordered from the Site or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers
The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site. While Khaish Fashion endeavors to ensure that material included on the Site is correct, reputable, and of high quality, it cannot accept responsibility if this is not the case. Khaish Fashion will not be responsible for any errors or omissions or for any technical problems you may experience with the Site. This disclaimer does not apply to any product warranty offered by the manufacturer as specified in the product specifications. To the fullest extent permitted under applicable law, Khaish Fashion or its suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Site, its services, or this User Agreement. Khaish Fashion makes no representations or warranties about the accuracy, reliability, completeness, correctness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Site. Consequently, Khaish Fashion assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Site, and/or any interruption or errors in the operation of the Site.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including accessing data not intended for you, attempting to probe, scan, or test the vulnerability of a system, attempting to interfere with service to any other user, sending unsolicited email, or forging any TCP/IP packet header. Violations of system or network security may result in civil or criminal liability. Khaish Fashion will investigate occurrences involving such violations and may involve law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere with the proper working of this Site.
Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between you and Khaish Fashion with respect to the Khaish Fashion sites/services and supersedes all prior or contemporaneous communications and proposals. Khaish Fashion’s failure to act with respect to a breach does not waive its right to act with respect to subsequent or similar breaches.
