TERMS AND CONDITIONS

1. ACCEPTANCE

The website www.label-s4u.com is owned by the company Shivali Boutique Private Limited, which was incorporated in 2019 under the Companies Act, 2013. It is registered having CIN as U52609GJ2019PTC106911 and having the registered office at 4th Floor, E/FOF/008, SUMEL BUSINESS PARK 3, OPP.NEW CLOTH MARKET, SARANGPUR, AHEMDABAD, GUJARAT, 380001. Shivali Boutique is engaged in the business of trading readymade garments solely. The company does not manufacture its products and deals exclusively in trading garments.

2. DEFINITIONS

Unless its specified otherwise, the capitalized terms as stated herein shall have the meanings as follows:
The term “Account” denotes and includes the account created on the website, by the User, in accordance with the terms of this Agreement, which is registered with and approved by Shivali Boutique.
The term “Agreement” denotes and includes the Terms and Conditions, Privacy Policy and any other such terms and conditions that may be mutually agreed upon between Shivali Boutique and the User in relation to the Services.
The term “Applicable Law” denotes and includes any act, law, regulation, sub-ordinate legislation, ordinance, rule, verdict, rule of law, order (interim or final), writ, decree, permission, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement.
The term “Company” shall denote and include Shivali Boutique Pv.t Ltd. under the terms and conditions stated herein.
The term “Computer Virus” denotes and includes any computer instruction, information, data, bugs or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource.
The term “Confidential Information “ denotes and includes all information that is not in the public domain, in spoken, printed, electronic or any other form or medium, relating directly or indirectly to, the assets, business processes, practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, work-in-process, databases, manuals, records and reports, articles, systems, material, sources of material, supplier identity and information, vendor identity and information, User identity and information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, developments, internal controls, security procedures, graphics, drawings, sketches, sales information, costs, formulae, product plans, designs, ideas, inventions, original works of authorship, discoveries and specifications, of Shivali Boutique and/or affiliates or their respective businesses, or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to Shivali Boutique in confidence.
The term “Content” denotes and includes any information all data and information on the Site.
The term “Customer” shall denote and include any user who buys goods from this Website or avails any other services as given here.
The term “Products” shall denote and include all the products including ethnic wear for women , men, children or any other clothes/ accessories/footwear/ jewellery/ garments/ etc which are showcased on the Website for Sale Purposes and or otherwise.
The term “Government Authority” denotes and includes any government, any state or other political subdivision thereof, any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, and any court, tribunal or arbitrator(s) of competent jurisdiction, and, any Government or non-Government self-regulatory organization, agency or authority; having jurisdiction over the Agreement and the Services contemplated under the Agreement.
Information Technology Act means the Information Technology Act, 2000.
The term “Intellectual Property” denotes and includes patents, inventions, know how, trade secrets, trademarks, service marks, designs, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, user guides, ideas, concepts, information, materials, discoveries, developments, and other copyrightable works, and techniques in either printed or machine-readable form, whether or not copyrightable or patentable, each of which is not in the public domain or would by its very nature fall within public domain.
The term “Intellectual Property Rights” denotes and include in accordance with (a) all right, title, and interest under including but not limited to patent, trademark, copyright under the Patents Act, 1970, Trademarks Act, 1999 and Copyright Act, 1957 respectively; any statute or under common law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property; (e) all extensions and renewals thereof; (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same; (g) any Confidential Information.
The term “Shivali Boutique” denotes and includes Shivali boutique Pvt. Ltd. Company having its head office at Ahemdabad, India including its officers, directors, employees and representatives along with its Site.
The term “Privacy Policy” denotes and includes the privacy policy of Shivali Boutique more particularly described in (link of privacy policy).
The term “Prohibited Conduct” means and includes the User’s use of the Service in contravention of the Agreement and Applicable Law; violation of or the abetment of violation of third party rights; infringement or misappropriation of Shivali Boutique’s or any persons Intellectual Property Right; attempt to gain or assist another person/ User to gain unauthorized access to the Site and/or Services or its related systems or networks; create internet links to the Site or "frame" or "mirror" any content on any other server or wireless or Internet-based device; act of sending spam, duplicated or unsolicited messages; usage or storage of obscene, threatening, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights leading to harassment, annoyance, anxiety or inconvenience to any person; modify or make derivative works based upon the Service and/or impersonation in relation to any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsely representing User Information.
The term “Registration Data” denotes and includes the mobile number, e-mail address, username and such other particulars and/or information as may be required by Shivali Boutique and supplied by the User on initial application and subscription.
The term “Services” denotes and includes the services provided by the Company, ie, Garments/ Products for Sale Purposes.
The Terms and Conditions denotes and includes the terms and conditions contained in the Agreement more particularly set out in herein.
The term “Third Party Service Provider” denotes and includes any service provider with whom Shivali Boutique has an agreement for the purposes of making services in addition to the Services available for the User.
The term “User” denotes any person who accesses the Site or avails Services on the Site for the purposes of hosting, publishing, sharing, transacting, displaying or uploading information or views and whether as a tenant or as an owner looking for potential tenants includes other persons jointly participating in using the Site.
The term “User Information” means and includes Registration Data, Personal Information and any other data, details or information in relation to the User, provided by the User to Shivali Boutique in relation to the Services, whether through the Site, e-mail or any other form of communication, agreeable to the User and Shivali Boutique.
The term Website shall denote and include www.label-s4u.com in this Document unless stated otherwise.
The terms "you" and "your" shall mean any person who uses or accesses, whether through manual or automated means, the Platform or the Service in any manner whatsoever including persons browsing the Platform and its content, posting comments or any content or responding to any advertisements or content on the Platform.

3. INTERPRETATION

This provision states that unless the context otherwise requires or a contrary indication appears:
Reference to any legislation or law shall include references to any such legislation or law as it may from time to time be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
Any reference in this accord to a person includes any individual, corporation, partnership, unincorporated organization or governmental agency and shall include their respective successors and permitted assignees and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being.
Headings to Sections and Clauses are for ease of reference only and shall be ignored in the construction of the relevant Sections and Clauses.
The singular includes the plural and vice versa and words such “he” or “him” include all genders.
The words ‘other’ or ‘otherwise’ and ‘whatsoever’ will not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.

4. ACCEPTANCE OF THE TERMS AND CONDITIONS

The company agrees to provide to the User goods for sale and the User agrees to avail from the Company the Services in accordance with and on the basis of this Agreement and the User’s acceptance of the Terms and Conditions and Privacy Policy constitute the Agreement between the User and Company and such Agreement shall deem to replace all previous arrangements between the User and Company in relation to the Services and access of the Site and apply on the future updated Clauses/ Terms of this Agreement.
The User undertakes to be bound by the Agreement each time the User accesses the Site, completes the registration process stated herein. The User agrees that he is in accordance with the terms and conditions of this agreement.
The User represents and warrants to Shivali Boutique that the User is 18 (eighteen) years of age or above, and is capable of entering into, performing and adhering to the Agreement. Individuals under the age of 18 (eighteen) may access the Site or avail a Service only with the involvement, guidance, supervision and/or prior consent of their parents and/or legal guardians, through the Account of or under the guidance of such parent/ legal guardian. Shivali Boutique shall not be responsible for verifying if the User is at least 18 (eighteen) years of age.

5. PAYMENT TERMS

The Company provides the Users with a fine online shopping experience. The Company shall provide secure payment options to the Users for safe purchasing of the Products. The User shall be provided with the options of a valid credit / debit and/ or any other payment cards,
Online banking facility to make payment
Cash on Delivery
Payment Portals available in the Market, i.e., UPI methods
Against any transaction being effected at the Website. The User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon the User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.
The Purchases taking place on the Website shall be made only in Indian Rupees ( INR). In case of a prepaid transaction, once the payment the company receives the payment effectively, the User will be intimated via email or SMS at the given email address or mobile number, confirming receipt of payment.
Credit and Debit Card – The Company accepts all Visa, Master Card, Maestro, American Express and Diners cards. The User will be redirected to User issuing bank's site, where User will have to follow the instruction to complete the payment.
Net Banking - User can also make a payment for an order by using their Net Banking account. The User will be redirected to User bank’s site where the User will be able to make payment after entering in User login id and password that is known only to the User.
In Case, the payment that is prepaid on an order fails or is still in process, the User faces any payment related issue, he / she shall try placing the order again or contact their bank or issuer for technical assistance. The Company will not be held liable for any loss or inconvenience caused to the User when making payment or for any wrongful debits to the User’s cards or net banking accounts.
Issuing bank terms and conditions - Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company.
Requirements of Permanent Account Number (PAN) - For all the purchase of an amount equal to or exceeding INR 2,00,000 (INR two lakhs only), the User will be required to upload a copy of its PAN card, within such time as may be prescribed from the date of purchase, failing which, the purchase made by the User will be automatically cancelled. The order shall also stand cancelled if there is a discrepancy between User’s name in the account with Trent and the name printed on the PAN card.
Invoice will be provided to the User along with the products when delivered.
Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to all applicable taxes including but not limited to GST, duties, cases, etc.

6. DELIVERY
Shipping Address

Once the Company verifies the address of the User for shipment purposes through the Company’s Database along with Area Pin Code, the Website shall the Process the transaction before any Purchase.
In case the Company cannot deliver the Purchase order to the User’s given address or the Delivery Company cannot ship it, then the Company will ask for another shipping address to deliver the same.
The User must ensure the payment and shipping address is within India. It will be the responsibility if the User to collect the order and pay the amount of the order from the alternate given address, once the said alternative address has been submitted by the User. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by the User and Shivali Boutique will have no liability in this regard.
The Company will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.
Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason the Company is unable to comply with the delivery date, the Company will inform the User of that situation and will give the User the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.
Company may choose to deliver the ordered products to the User through the logistics service providers. For the purpose of effecting the delivery, the delivery person may connect with the user before the delivery. Deliveries cannot be rescheduled after the order has been placed. The said logistics service provider will make a maximum of three [3] attempts to deliver the User’s order. In case, the User is not reachable, available or does not accept delivery of products in these attempts, The Company reserves the right to cancel the order at its discretion. The User may be informed of such cancellation by email or SMS at the email address or mobile number provided to us. The User agrees not to hold company liable for any cancellation.
Title and risk of loss for all products ordered by the User shall pass on to the User upon delivery of the products at the shipping address provided by the User.
Delayed Delivery - Sometimes, delivery may take longer due to climatic issues, natural calamities, disruption in the supply chains, orders / notifications etc. issued by statutory authorities / competent authorities, political disruptions, logistics service provider related challenges, product lost in transit, other unforeseen circumstances or event beyond the control of the Company or logistics service provider etc.
If the estimated delivery date has passed and the User has still not received their order, please contact us and we will take steps to track the User’s package. We request the Users to check their emails and SMS regularly for such updates.
The Company will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. The User may be informed by email or SMS at the email address or mobile number provided to us if any product in the order is unavailable or is delayed or lost in transit.
The cost of return shipping is at the customer’s expense and is non-refundable. We recommend returning items through traceable mail.

7. ORDER CANCELLATION POLICY

1 Cancellation of an order can be done by us or by you as mentioned herein.

We have the discretion to cancel an order. The reasons for cancellation shall inter alia include without limitation the following:

In case the User fails to comply with the conditions mentioned herein
Technical errors or issue
Credit / fraud avoidance
Invalid address or wrong address is provided by the User in order details
Malpractices used to place the order
Bulk order is placed for the likely commercial resale
Multiple orders are placed for same product at the same address
Order is undelivered after three (3) attempt
EMI offer, if any, is rejected by the bank
Pricing or specifications on any product as is shown on the Website due to any technical glitch, resulting into incorrect pricing or specifications.

Notwithstanding anything contained herein, we reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, you will receive an intimation via email or SMS at the email address or mobile number provided to us.

We reserve the right to remove any product from the website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the Website or not processing an order once we have sent you the Order Confirmation.

2. Availability Of Products - All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse the amount that you may have paid.

3. Cancellation by the you - Prior to the product being shipped for delivery, you may cancel an order for any reason. No cancellation is permitted subsequently. If an order has been successfully cancelled, you will be sent a confirmation email or SMS at the email address or mobile number provided to us. We reserve the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold us liable for any rejection of order cancellations. You will receive a refund for your cancelled orders that have been accepted in accordance with the Refund Policy.

8. ACCESS TO THE SITE

Users can access the website for preliminary browsing without creating an Account. In order to buy the Goods online and avail the services from the Website, the User will have to make an account in accordance with the terms stated herein.
The User undertakes and agrees to provide User Information, uploading Content and create an Account in order to buy the Goods and avail the Services.
The Company shall verify the Account by requesting for the one-time password from the User. The User undertakes and agrees that a mobile number or an email id can only be used once to create an Account. The User is prohibited from creating multiple Accounts and the Company reserves the right to conduct appropriate verification to detect such multiplicity of Accounts and take appropriate action.
The User undertakes to cooperate with any of the Company’s personnel in connecting with the User’s access to the Site, as may be required by the Company.

9. ACCOUNT REGISTRATION

In order to buy Goods or avail any other Services from the Website, the User shall have to make an account in order to do so as sought by the Website. The User shall give all the relevant facts and details as may be required by the Website in order to process the orders of the User.
The User shall keep the User Id and Password Confidential and shall be liable for its correctness and accuracy of all the details furnished by them to Website via their Account. Also it is completely their responsibility for keeping the User Id and Password classified. The Website shall not be held liable for its breach.
The company upon verifying the details furnished by the User, if the Company finds any kind of false information or Misrepresentation, it may cancel the Account of User or Suspend the Registration of the User permanently or however amount of time it may deem fit.
The Company reserves the right to revise the terms of registration without notice to the User at any time prior to, at the time of, or during the tenor or post registration of the Account by the User.

10. USER INFORMATION

The Company shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of and/or in relation to the User Information.
The Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Information, in whole or in part.
The Company reserves the right to withhold access, remove or discard any User Information from the Site, in whole or in part at on its sole discretion.
The Company shall have the right but not an obligation to maintain or forward any User Information and to verify the authenticity of any User Information made available to it through the Site or otherwise.

11. EXCHANGE POLICY

In case the User raises an exchange request based on size issue of the Product received by them, we will take action within 2 days from the date of raising exchange request. The User shall be entitling to pay the expense of returning the Outfit/Product, and subject to terms of this Agreement, Once the company checks the Product, they shall process the exchange request.
The User should raise an exchange request within 2 days from receiving the product for the exchange process to be initiated.

12. RETURN POLICY

In case the product received by you is defective or damaged or if the Product received by you is significantly different then what was ordered, the Company shall collect the same within 2 working days from the date of complaint filed by the User, or the date on which the return product claim was is issued by the User.
The return once initiated will be subject to the damaged, defective or wrong product only, the Company will not be initiating return for any other reason thereof.
The User shall issue the return request within 2 days of delivery of the same. The Company shall not entertain the return request if he User extends time limit to raise the return request.
The Products should be returned unused, in their original packing along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original packaging defined as essentials. If any product is returned without the essentials, the product shall not be accepted for return and shall be sent back to you.
The packages should be packed adequately so as to avoid damages to the product during the return. The company reserves right not to accept return of products which (i) we believe are being returned after use, or (ii) are damaged (except where the return is on account of damaged goods having been delivered to you).
Your right to return / exchange the products shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used once it has been opened, for products that are not in the same condition as when they were delivered or if they have been damaged/ tampered. Please return the products including all their original packaging, instructions and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the receipt/ invoice that was received when the product was delivered.
The company shall not pay for the charges for returning applicable by the courier services/ logistics for collecting the goods from the Users. The expense of returning the Product will be borne by the Users themselves. The User shall not make the company liable to pay the charges and it shall be understood that the Users have conform to the terms of this agreement while availing the return Request.
Returns of damaged, defective or other products eligible for return are accepted as under
In the event you receive a damaged or defective product or the package delivered is missing one or more products or accessories and eligible for return as described by Return Policy. You are required to get in touch with the Customer Care Team through any of the below mentioned channels as per the Returns Policy.
Upon receiving your return request, we shall verify the authenticity and the nature of the request and if the request is genuine, we will arrange for pick-up of the product through an assigned logistics service provider and your refund to be processed upon the receipt and quality check of the returned product. It may take a minimum of ____ business days to process your request for return of products. You will receive an email or SMS notification at your email address or mobile number provided to us.
Upon receipt of the returned product by us and successful completion of the quality check, you will receive an email or SMS confirmation at the email address or mobile number provided to us. If a defect or damage is confirmed on the returned products, we will give you a complete refund in accordance to our refund policy.
Self-send Process - In case of return of products initiated and subsequent courier of the product by you, if it is found that the returned product was not delivered to us or any other designated location specified or the package was empty, the onus shall be on you to prove through submission of proof of delivery from the concerned courier service provider to establish your claim of return. We are not liable to process the return request until satisfactory proof of delivery is provided to us. In case of damage claims, we may ask for pictures of the damaged product before it is approved or allowed for return.
For return shipping managed by us, you will need to hand over the product to the assigned logistics service provider at the time of pick-up. In the event the logistics service provider makes attempts to pick-up the product and you are unavailable or not ready to handover the product, we or logistics service provider will not be held responsible for the delay in pick-up or processing of the quality check by us and hence the refund. A maximum of 2 attempts will be made by the logistics service provider to pick-up the product to be returned.
The company shall not pay the refund amount directly to the source of payment by the User. Instead the Company shall credit the said amount in their User Account or give them Vouchers for the same to be Used on the Website or third Party Links that are associated with Us.
In case, the return request is processed the Company shall process the refund via vouchers/gift cards/amount credited in the User Account within 2-3 working days from the date of collection of the product.
The User shall be notified about the refund being initiated and once processed by sms and/ or email which is registered by the User on the Website. Provided that, the company shall not reimburse the delivery expense of the User and will only refund the sale amount to the User.

13. RIGHTS OF SHIVALI BOUTIQUE

Shivali Boutique, at all times, reserves the right, to reject or disable an Account in the event of the User’s violation of any Applicable Law or anything done by the User in contravention of this Agreement and including but not limited for any other reason in relation to the safe and secure operation of the Website.
Subject to Applicable Laws, Shivali Boutique can review any use and has the right to reject or disable such Account without cause.
Shivali Boutique shall endeavor to provide the User an advance notice, without any obligation to do so, of any suspension or deactivation of the Site for the purposes of repair, any inspection or testing by a Government Authority, or for maintenance, upgradation, testing or any other reason as Shivali Boutique may deem fit. Shivali Boutique shall use its best efforts to rectify any disruption of or rectify an error on the Site and restore regular operations of the Site.
Shivali Boutique has the right to issue notifications, confirmations and other communications to the User, on the Site, through e-mail, text message or any other form as may be agreed to by the User and/or send promotional or other relevant information in relation to the Services to the User. Shivali Boutique may also send users occasional e-mail bulletins unless the Users have opted not to receive these e-mails. These e-mails may also contain neighborhood information, tips and suggestions or any other offer provided by third party. Shivali Boutique does not take any responsibility of the validity of any of these offers. The Users shall have the right to unsubscribe from receiving any such notifications or promotional information at any time by sending a mail by us.

14. UNAUTHORIZED ACCESS

The User shall be liable for all acts conducted through the User’s Account and shall be responsible for the safekeeping of the details and password of the Account.
Subject to Applicable Law, the User is responsible for notifying the Company immediately upon becoming aware of any unauthorized access into or misuse of the Account causing a breach of security as per the Terms and Conditions and Privacy Policy of Shivali Boutique.
Shivali Boutique shall extend support by ensuring immediate termination or suspension of such Account and shall take such other appropriate safety measures as it may deem necessary. Further, Shivali Boutique shall not be held liable for any unauthorized access into the Account and/or any loss or damage caused to the User by such unauthorized access or loss or damage caused as a consequence of the delay or failure of the User in informing Shivali Boutique about such unauthorized access.
In order to better protect the secrecy of the User Information, the User is encouraged to change the password of the Account from time to time.

15. USE OF INFORMATION

Shivali Boutique undertakes that the procurement, storage, usage and dissemination of all information including User Information and/or Content, as the case may be, pursuant to this Agreement, shall at all times, including upon expiration of the Services or termination of the Agreement with the User, be in accordance with the Information Technology Act 2000, the rules made there under and other relevant Applicable Laws.

17. THIRD PARTY SERVICES

Subject to the need and request of the User, Shivali Boutique shall engage, directly or indirectly, the services of Third-Party Service Providers from time to time in order to provide the Services to the Users, in accordance with the terms and conditions separately agreed to between Shivali Boutique and such Third-Party Service Provider.
Shivali Boutique shall have the unequivocal consent of the User to share User Information, in whole or in part, with the Third-Party Service Provider, without intimation to the User.
The Site may serve as a platform for relevant and interested Third Party Service Providers for the purposes of advertising or promoting their services in relation to the Services provided by Shivali Boutique.
Nothing contained herein shall constitute or be deemed to constitute an agency or partnership or association of persons for and on behalf of Shivali Boutique or any Third-Party Service Provider. The arrangement specified in this clause is strictly executed on principal to principal basis and each concerned person shall be bound for their distinct responsibilities, rights, liabilities and obligations in accord

18. TAILORED ADVERTISING

The User acknowledges and agrees that Third Party Service Providers may use cookies or similar technologies to collect information about the User’s pattern of availing the Services, in order to inform, optimize, and provide advertisements based on the User’s visits on the Site and general browsing pattern and report how Third-Party Service Providers advertisement impressions, other uses of advertisement services, and interactions with these impressions and services are in relation to the User’s visits on such third party’s website.
The Company also permits Third Party Service Providers to serve tailored advertisements to the User on the Site, and further permits them to access their own cookies or similar technologies on the User’s device to access the Site or avail the Services.
It is to be noted that Shivali Boutique does not guarantee the accuracy, integrity or quality of any content provided by such Third-Party Service Provider. Further, the Users interactions with such Third-Party Service Providers found on or through the Services provided by the Company on the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Users and the Third Party Service Providers. In no event shall Shivali Boutique be liable for any damages arising out of any interaction between the User and such Third Party Service Provider. The information provided on the Site is provided to the Users on an "AS IS, WHERE IS" basis.

19. CONTENT ON THE SITE

Shivali Boutique shall endeavor to ensure that the Content on its Site is monitored to ensure that the same is not in contravention of Applicable Law and this Agreement. In this regard, the Users represent and warrant that they shall not do any of the following via the Site or otherwise in connection with the Service:

Attempt or help anyone else attempt to gain unauthorized access to the Site or Shivali Boutique’s related systems or networks (including without limitation the impersonation of another User or use of a false identity or address to gain access to the Site);
Use the Site to violate the Intellectual Property Rights of any person (including without limitation posting pirated music or computer programs or links to such material on Site or on the User’s Profile);
Send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws;
Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate of third party privacy rights;
Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
Interfere with or disrupt the integrity or performance of the Service or the data contained therein;
License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service in any way;
Modify or make derivative works based upon the Service or the Content of Shivali Boutique;
create internet "links" to the Site or "frame" or "mirror" any Content on any other server or wireless or internet-based device; or
Reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.

20. OPERATIONAL HAZARDS/ COMPUTER VIRUS ATTACKS

Shivali Boutique does not warrant in any manner whatsoever that the Site or any other software utilized by Shivali Boutique for internal purposes, shall at all times remain free from any harmful components and operational hazards such as Computer Virus, worms, trojans and such related components that might be a threat to the information available with Shivali Boutique.
Shivali Boutique shall endeavor to keep the Site secured against any possible bugs, viruses or other technical problems in compliance with the best practices of this industry.
Shivali Boutique shall not be held liable for any damage or injury caused due to performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, Computer Virus, link failure, site crash, malfunctioning or software/ hardware, unavailability of network, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise.

21. DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PLATFORM AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PLATFORM AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW. SHIVALI BOUTIQUE, ITS OFFICERS, PARTNERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. SHIVALI BOUTIQUE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM'S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR THE SERVICE. SHIVALI BOUTIQUE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHIVALI BOUTIQUE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL SHIVALI BOUTIQUE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SHIVALI BOUTIQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE SHIVALI BOUTIQUE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SHIVALI BOUTIQUE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY SHIVALI BOUTIQUE. SHIVALI BOUTIQUE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

22. GENERAL INFORMATION

The Services are chosen and used at the User’s risk and discretion and Shivali Boutique makes no representations or warranties, express or implied, to the User in relation to the Services or otherwise regarding this Agreement, including the implied warranties of merchantability and fitness for a particular purpose.
The User understands and acknowledges that the User assumes certain risks prior to interacting with other Users/ persons/ Third Party Service Providers on and through the Site, and the User shall be solely responsible for such User’s personal assessment of specific requirements with regard to interaction with other Users/ persons/ Third-Party Service Providers.
Shivali Boutique expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content/ listing posted on the Site/ made available to Shivali Boutique by any User or any third party or any deficiency in service that is caused to the User due to a Third-Party Service Provider
Shivali Boutique does not warrant the Services or the results obtained from the use or that the Services will meet the User’s expectations or requirements or that the Site will be uninterrupted or free from any technical error.
Shivali Boutique is not responsible for the accuracy or reliability of any third-party reports, market information, studies and analysis made available on the Site and any external web links mentioned on the Site.
Shivali Boutique shall not be liable for any damages, expenses, costs or losses incurring from the User’s engagement in Prohibited Conduct and availing services of Third-Party Service Providers.
Shivali Boutique shall not be held liable or responsible for indemnifying, refunding or reimbursing any User for any loss, damages or expenses suffered or incurred by such User as a consequence of the suspension or deactivation of the User’s Account.
Shivali Boutique shall not be liable for any third party fees, costs, charges or expenses incurred by the User for accessing the Site or availing the Services. Shivali Boutique shall not be liable in respect of any disputes or legal proceedings between the User and such third party for any reason whatsoever and any such disputes or proceedings shall be resolved outside the Site without any reference or recourse to Shivali Boutique.
Shivali Boutique neither has access to, nor does the Agreement govern the use of cookies or other tracking technologies that may be placed by Third Party Service Providers on the Site. These parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. Shivali Boutique assumes no responsibility or liability whatsoever for the User’s receipt or use of such tailored advertisements.
Shivali Boutique shall not be liable for the non-performance or defective or late performance of any of the Services or any of its obligations under this Agreement to such extent and for such period of time if such non-performance, defective performance or late performance is due to acts of God, war (declared or undeclared), civil insurrection or unrest, acts (including failure to act) of any Governmental Authority, riots, revolutions, fire, floods, strikes, lock-outs or industrial action.

23. GRANT OF RIGHTS TO SHIVALI BOUTIQUE’S FINANCE PARTNERS:

Notwithstanding anything contained herein and in Shivali Boutique's Privacy Policy, the User authorizes Shivali Boutique to share with its finance partners, any and all information that the User may provide in relation to the use of the Site for availing the products and/or service of Shivali Boutique’s finance partners.
By clicking on the "Apply Now/Submit" tab:
The User agrees and authorizes Shivali Boutique’s finance partners to contact the User and communicate with the User over emails, telephonic calls, or SMS on the mobile number mentioned on the Site, or through any other communication mode, to verify the details provided by the User on the Site or to verify the information provided by the User during registration on the Site.
The User confirms that the User would like to know through the above-mentioned communication modes, about the various offers and promotion schemes relating to various products/services offered by Shivali Boutique’s finance partners/its group companies, from time to time.
The User further agrees and confirms that the laws in relation to the unsolicited communication referred to in the "National Do Not Call Registry" (the "NDNC Registry") as laid down by the Telecom Regulatory Authority of India will not be applicable for such communication/calls/ SMS received from Shivali Boutique’s finance partners, its group companies, employees, representatives and/or agents.
The User authorizes Shivali Boutique’s finance partners to exchange and share all information and details, as provided by the User on the Site, with third parties, including but not limited to Shivali Boutique’s finance partners' group companies, service providers, financial institutions, credit bureaus, telecommunication companies, statutory bodies, etc., for customer verification.

24. INDEMNITY

Shivali Boutique and its officers, directors, employees and agents collectively at all times shall be held indemnified against any losses, costs, expenses, claims, suits and/or damages (including reasonable attorney fees)incurred and/or suffered by Shivali Boutique, whether directly or indirectly, resulting from, an act or a failure to act, of any User, person or Third-Party Service Provider for any reason whatsoever and against any claims, suits and/or legal proceedings initiated by third parties inclusive of but not limited to the User’s:

(a) breach of any terms of this Agreement;

(b) third party claims arising from an infringement or alleged infringement of such third party’s Intellectual Property;

(c) claims made by any Government Authority due to the User’s violation of Applicable Law; or

(d) actual or alleged gross negligence or willful misconduct in connection with the User’s use of the Services or this Agreement.

(e) a fraudulent act committed by a User which results in loss or damage, suffered or incurred by any other User or by any third party.

WAIVER AND SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

25. AMENDMENT

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

26. GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.

27. GRIEVANCES AND REDRESSAL

In case if you have any query, you can also call us on our Trust & Safety Helpline Number - +91 6351043430 across 6 days a week, between 11 AM to 8 PM.

Format for Legal Requests/Notices

We will be happy to assist you with the required information, provided the legal requests made by you is valid and as per the applicable laws in India. In order to help you in the best manner we request you to follow the below guidelines for sending us legal requests:

1). Legal requests should be:

Typed or should be written in legible handwriting.
Sent through the official id of the law enforcement agencies and/or a scanned copy of duly signed and stamped legal request/notices should be attached to the email.
In or translated into English or Hindi.

2). Legal requests should specifically mention the below details:

Specify the applicable law under which you are seeking the information.
Clear details through which an account/user/ad listing can be identified by us. you can share the email id, mobile number or ad id associated with the user to help us in providing the required data.
The type of information sought and the purpose for seeking such information should be clearly mentioned.

In the event, if you have any doubts please free to contact us on the above contact details.