These website terms of use ("Terms of Use") is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These terms of use does not require any physical, electronic or digital signature.

These Terms of Use is a legally binding document between User and House of Brahma (both terms defined below). These terms of use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between User and House of Brahma for the use of the Website (defined below).

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under the Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.

These Terms of Use of the website located at the URL www.houseofbrahma.in and mobile application under the name and style "House of Brahma" (the “Website”) is between House of Brahma LLP (hereinafter referred to as “House of Brahma" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which House of Brahma offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

These Terms of Use together with the Privacy Policy and/or any other policies or terms of the Website which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.

If you are accessing the House of Brahma mobile application or accessing the Services through the House of Brahma mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

1.          GENERAL

1.1                House of Brahma LLP is a Limited Liability Partnership incorporated under the laws of India, with its registered office at H. No. 5/789, Amrut Jyot, Vania Sheri, Mahidharpura, Surat GJ 395003 IN and having LLPIN -AAQ-0048.

1.2                House of Brahma is an online shopping site wherein You shop fashion clothes ("Services").

1.3                These Terms of Use are subject to revision by House of Brahma at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when House of Brahma last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. House of Brahma may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.

1.4                If there is any conflict:

1. between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence' but only to the extent of the conflict;
2. between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence in relation to that Service;
3. between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.
4. SERVICES

2.1                The Website is an electronic platform in the form of a portal that provides a platform for Users to shop their favorite clothes online and such other services as are incidental and ancillary thereto.

 

1. ELIGIBILITY TO USE

3.1                You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between House of Brahma and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

3.2                House of Brahma reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

3.3                You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

 

1. SECURITY

4.1                You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

4.2                Registered users: House of Brahma may make certain sections of the Services available to You through the Website only if You have provided House of Brahma certain required User information and created an account and a House of Brahma ID through certain log-in ID and password ("Account"). You may create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (House of Brahma ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").

In the event You register as a User by creating an Account in order to avail the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify House of Brahma of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. House of Brahma cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by House of Brahma or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited. 

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or House of Brahma has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, House of Brahma has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

4.3                Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time. Your provision of, and House of Brahma’ collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by House of Brahma’ privacy policy ("Privacy Policy").

 

1. PAYMENTS

5.1                Presently, House of Brahma does not levy any fee for browsing the Website. House of Brahma may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. House of Brahma will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service.

5.2                You agree that House of Brahma may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.

5.3                You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. House of Brahma expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

 

1. USER OBLIGATIONS

6.1                House of Brahma grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.

6.2                You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.

6.3                You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with Clause 7.

6.4                You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by House of Brahma. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

6.5                If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.

6.6                When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:

1. belongs to another person and to which the User does not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
3. harms minors in any way;
4. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
5. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
6. infringes any patent, trademark, copyright or other proprietary rights;
7. contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
8. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
10. attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any House of Brahma server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
11. probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
12. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
13. use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of House of Brahma or other third parties;
14. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
15. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
16. violate any applicable laws or regulations for the time being in force within or outside India;
17. violate the terms of the Agreement.

6.7                You agree that You are solely responsible to House of Brahma and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which House of Brahma or its affiliates or its vendors may suffer) for any such breach.

6.8                House of Brahma has no obligation to monitor any User Content. However, House of Brahma at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if House of Brahma determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where House of Brahma removes any User Content from the Website, House of Brahma will make reasonable efforts to inform the user who had posted such User Content.

6.9                You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

6.10            You may need to install updates that we or any third party introduce from time to time to use the services, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates").

 

1. INTELLECTUAL PROPERTY RIGHTS

7.1                The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by House of Brahma or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. House of Brahma reserves the right to change or modify the Content from time to time at its sole discretion.

7.2                The trademarks, logos and service marks displayed on the Website ("Marks") are the property of House of Brahma or respective third parties. You are not permitted to use the Marks without the prior consent of House of Brahma or the third party that may own the Marks.

7.3                Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, House of Brahma owns all intellectual property rights to and into the trademark "House of Brahma", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

7.4                Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from House of Brahma or thirty party owner of such Content.

 

1. THIRD PARTY CONTENT

8.1                General third party information as well as advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable. All Third Party Content is provided on an 'As Is' basis. House of Brahma does not provide any guarantee with respect to the accuracy, title, non-infringement or fitness for a particular purpose of any Third Party Content. House of Brahma shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

8.2                In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. House of Brahma makes no warranty or representation regarding, and does not endorse, any website linked to the Website/Services or the information appearing thereon or any of services described thereon.

 

1. DISCLAIMER OF WARRANTIES & LIABILITY

9.1                The Website, Services, Content, User Content and any Third Party Content are provided by House of Brahma on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise.

9.2                To the maximum extent permitted by applicable law, House of Brahma will have no liability related to User Contentand / or Third Party Contentarising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. House of Brahma also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User Content and / or Third Party Content.

9.3                You expressly understand and agree that, to the maximum extent permitted by applicable law House of Brahma will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account Information in connection with the Website or any Services, either with or without your knowledge.

9.4                House of Brahma has endeavored to ensure that all the information on the website is correct, but House of Brahma neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, or service. House of Brahma shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, House of Brahma shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond House of Brahma' control. The User understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. House of Brahma is not responsible for any typographical error leading to an invalid coupon. House of Brahma accepts no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.

 

1. INDEMNIFICATION AND LIMITATION OF LIABILITY

10.1            You agree to indemnify, defend and hold harmless House of Brahma, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

10.2            House of Brahma may notify You of any claims which You shall be liable to indemnify House of Brahma against. You will then be required to consult with House of Brahma regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of House of Brahma without the express prior written consent of House of Brahma which can be withheld or denied or conditioned by House of Brahma in its sole discretion.

 

10.3            Notwithstanding anything to contrary in the Agreement(s), in no event shall House of Brahma, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not House of Brahma has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

 

1. TERMS

11.1            The Agreement will continue to apply until terminated by either You or House of Brahma as set forth below. If You want to terminate Your agreement with House of Brahma, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where House of Brahma has made this option available to You.

11.2            You agree that House of Brahma may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if House of Brahma determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to House of Brahma, for which monetary damages may be inadequate, and You consent to House of Brahma obtaining any injunctive or equitable relief that House of Brahma deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies House of Brahma may have at law or in equity.

11.3            In addition to Clause 11.2 above, House of Brahma may, at any time, with or without notice, terminate these Terms of Use with You if:

• House of Brahma is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
• House of Brahma has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
• In the event House of Brahma faces any unexpected technical issues or problems that prevent the Website from working.

11.4            Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until House of Brahma chooses to terminate them.

 

1. GOVERNING LAW AND JURISDICTION

12.1            These Terms of Use and all transactions entered into on or through the Website and the relationship between You and House of Brahma shall be governed in accordance with the laws of India without reference to conflict of laws principles.

12.2            You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and House of Brahmashall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

 

1. REPORT ABUSE AND TAKE DOWN POLICY 

13.1            In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, please inform House of Brahma on the contact details available on the Website.

 

1. COMMUNICATIONS

14.1            When You use the Website or send emails or other data, information or communication to House of Brahma, You agree and understand that You are communicating with House of Brahma through electronic records and You consent to receive communications via electronic records from House of Brahma periodically and as and when required. House of Brahma will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

 

1. GENERAL PROVISIONS

15.1            Notice: All notices with respect to these Terms of Use from House of Brahma will be served to You by email or by general notification on the Website. Any notice provided to House of Brahma pursuant to these Terms of Use should be sent to Grievance Officer at 5/789, Vania Sheri, Mahidharpura, Surat.395003 or mail - dhruvil.hob@gmail.com.

15.2            Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void as initio. House of Brahma’ rights and/or obligations under the Agreement are freely assignable or otherwise transferable by House of Brahma to any third parties without the requirement of seeking Your prior consent. House of Brahma shall have right to transfer Your Account and Account Information to a third party who purchases House of Brahma’ business as conducted under the Website.

15.3            Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. House of Brahma may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

15.4            Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

15.5            Principal to Principal Relationship: You and House of Brahma are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and House of Brahma.

15.6            Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of House of Brahma for the purpose of this Agreement shall be Mr.Dhruvil Jariwala with email address: dhruvil.hob@gmail.com. House of Brahma may change the aforesaid details from time to time under intimation to You.