Terms of Use
LAST UPDATED ON: October 14, 2022
Terms of Use
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY
ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS
PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE
INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A
COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
Welcome to the Terms of Use (“Terms”) of Anam Fashion Pvt. Ltd, a company incorporated under the laws of
India with its business address at 3 rd Floor, Above Café 27, 18 th cross, Sector 2, HSR Layout, Bengaluru,
Karnataka 560103 (“AFPL”, “Company”, “We”, “Us”, or “Our”).
By accessing or using the website available at www.theethnic.co and and any subdomains (“Website”), Our
mobile application available on Android and iOS platforms (“Application”) You agree to be bound by these
Terms.
The Website and Application are collectively referred to as “Platform”.
These Terms governs the access or use by You, of the Platform, contents, products and services (“the Services”),
being made available by AFPL. Your agreement with Us includes these Terms and the Privacy Policy available
on the Platform (collectively “Agreement”).
The expressions “You” or “Your” or “User” refers to any natural or legal person who downloads, accesses or
uses the Services for any purpose or becomes a buyer by registering on the Platform as a registered User in order
to avail the Services.
All terms used with a capitalized first letter shall have the meaning assigned to them in these Terms or the
Privacy Policy.
1. USER AGREEMENT AND AMENDMENT TO THE TERMS
The User can access the Platform in accordance with the terms and conditions as set out in the Terms herein.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM OR SERIVCES. Your
access or use of AFPL’s Services, is conditioned on your acceptance, without modification, of these Terms. If
You do not agree with these Terms or any provisions in the Agreement, then refrain from using the Platform.
This Agreement is for an indefinite period. AFPL, at its sole discretion, reserve the right to change, modify,
amend, or update these Terms and/or the Agreement from time to time and such amended provisions of these
Terms and/or the Agreement shall be effective immediately upon being posted on the Platform. You can
determine when these Terms and/or Agreement were last revised by referring to the ‘LAST UPDATED’ at the
top of these Terms and/or Agreement. You shall ensure periodical review of these Terms for updates or
changes. If You don’t agree with the new Terms, you are free to reject them; unfortunately, that means You will
no longer be able to use the Services. Your continued use of the Platform shall be deemed to signify Your
acceptance of these provisions or amended provisions of these Terms and/or the Agreement.
2. ELIGIBILITY CRITERIA
You represent and warrant that You have the right to access or use the Services and that you are an individual of
legal age, of at least 18 years, to form a binding contract. If you are under the age of 18 (Eighteen) years you
have received your parent’s or guardian’s consent to these Terms on your behalf, to use the Services. The
Services can only be availed by those individuals or business entities, including sole proprietorship firms,
companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Persons
who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-
discharged insolvents etc. are not eligible to use the Platform. We reserve the right to indefinitely refuse,
suspend, terminate or block your access and use of our Services on our Platform through your registered account
if it is brought to our notice or if it is discovered that you are under the age of 18 years and using our Platform
without requisite permissions.
3. GENERAL DISCLAIMER
3.1. By using the Platform, You agree that You meet the Eligibility Criteria as detailed in Clause 2 (above) and
that You are fully able and competent to understand and accept this Agreement as a binding contract and to
abide by these Terms.
3.2. You agree that You shall not access the Services by any other means other than through the interfaces that are
provided by Us.
3.3. You agree that You shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce
or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any
materials, documents, or information through any means not specifically made available through the
Platform.
3.4. You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal
logic, structure or inner workings (including algorithms and source code) of the Platform, any other software,
products, models, prototypes, or other items provided by Us.
3.5. You agree that You shall not use any deep link, robot, spider or other automatic device or methodology, or
any similar or equivalent manual process, to access, acquire, download, copy or monitor the Platform or any
part thereof, or obtain any content through means not specifically made available through the Platform.
3.6. You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable
law.
4. CODE OF CONDUCT
You will use the Services provided by AFPL, for lawful purposes only and comply with all applicable laws and
regulations while using the Platform and transacting on the Platform.
You shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
a. belongs to another person and to which the You do not have any right to;
b. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily
privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable,
relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the
laws in force;
c.
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. Transmit material that encourages conduct that constitutes a criminal offence, results in civil liability or
otherwise breaches any relevant laws, regulations or code of practice;
g. Making, transmitting or storing electronic copies of materials protected by copyright without the
permission of the owner;
h. deceives or misleads the addressee about the origin of such messages or knowingly and intentionally
communicates any information which is patently false or misleading in nature but may reasonably be
perceived as a fact;
i. impersonates another person;
j. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign
States, or public order, or causes incitement to the commission of any cognisable offence or prevents
investigation of any offence or is insulting other nation;
k. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit
the functionality of any computer resource. Gaining unauthorized access to other computer systems.
Interfering or disrupting networks or web sites connected to the Site; and
l. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a
person, entity or agency for financial gain or to cause any injury to any person.
5. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, all material(s) including but not limited to texts, audios, videos or graphical
images, software, trademarks, logos, service marks, domain names and other intellectual property rights
(“IPR”), as reflected/ affixed/ or contained within the Services, are the sole and exclusive property of the
Company and as such protected under the copyright laws, trademark laws and other applicable laws. Any use
by the User of IPR, without Our permission, shall constitute infringement of our proprietary rights, which shall
be vigorously prosecuted and pursued to the fullest extent permitted by law. Nothing contained in these Terms,
constitutes any permission/transfer/ license for our IPR or any part thereof, in the name of the User. Nothing
under these Terms gives you any rights, title, claim, interest or privilege on our intellectual property in your
favour.
Subject to the compliance with the Terms herein, Company hereby grants you a personal, limited, non-
exclusive, non-transferrable, freely revocable license to use AFPL Services for the personal and non-
commercial viewing and downloading the extracts of this WebSite only. Except for the foregoing limited
license, no right, title, or interest shall be transferred to you. You should not (whether directly or using any
software program) create a database in electronic or structured manual form by regularly or systematically
downloading and storing all or any part of the pages from the Platform. Content on the Site or the Platform and
/ or AFPL Services and/or products are being provided to You AS IS for your personal and non-commercial
use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold,
licensed or rented or otherwise exploited for any other purpose, without AFPL’s prior written consent.
6. REGISTRATION PROCESS
To access the Services of purchasing products from this Website, you are required to open an Account by
completing the registration process (which means providing us correct, complete and accurate details as
prompted in the registration form). You may register on the Platform by proving details such as but not limited
to name, email address, address, phone number etc. In case of any concerns on Your personal information,
please refer to the Privacy Policy. You agree that each registration to access or use of our Services on the
Platform is for a single individual user only. To access the Service, You will be asked to enter your individual
Username and Password. Therefore, we do not permit any of the following: -
- Any other person sharing your Username and Password.
- Any part of the Website being cached in proxy servers and accessed by individuals who have not registered
with the Website as users.
- Access through a single Username and Password being made available to multiple users on a network.
Upon registration, you shall be responsible for maintaining confidentiality of the password and the account
including your personal details. You shall be responsible for ensuring that all such information/ details are
always up to date on the Platform. You agree that if you provide any information that is untrue, inaccurate, not
updated or incomplete or in case we have reasonable grounds to suspect that such information is untrue,
inaccurate, not updated, incomplete, or not in accordance with these Terms or the account has been misused, we
shall have the right to indefinitely suspend or terminate or block your access rights immediately without notice
and block user access from that IP address.
You shall be entirely responsible for all activities that occur under/ through your account. By registering, you
agree to these Terms in addition to any other specific terms which shall be posted at an appropriate location of
the Platform. Therefore, in all such events where you allow others to have access to your account on the
Platform for availing Services or otherwise, You agree that they will be able to view and access your account
information and You shall be solely liable and responsible for all the activities undertaken under your account
and any consequences therefrom, which may occur as result of another party using your account. You also agree
to immediately notify Us of any unauthorized use of your account or any other breach of security and ensure
that You exit from Your account at the end of each session by signing off. The Company shall not be
responsible for any unauthorized access or alteration of Your account, transmissions of data, or any material or
data sent or received or not sent or not received through the Platform. You further agree that AFPL shall not be
liable for any loss or damage arising from your failure to comply with this Clause. You may be held liable for
losses incurred by AFPL or any other user of or visitor to the Website due to the authorized or unauthorized use
of Your account. Your access to the website may also be occasionally suspended or restricted to allow for
repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and
duration of any such suspension or restriction. However, We will not be liable, if for any reason, the
Platform is unavailable at any time or for any period.
As a condition of purchase, the Platform requires your permission to send You administrative and promotional
emails. We will send you information regarding Your account activity and purchases, as well as updates about
our products and promotional offers. You can opt-Out of our promotional emails anytime by clicking the
unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details.
The offers made in any promotional messages sent via emails /SMS/MMS shall be subject to change at the sole
discretion of AFPL and AFPL owes no responsibility to provide You any information regarding such change.
7. HACKING
You acknowledge that we are taking all reasonable precautions to ensure that all your personal information/ data
stored on our platform is secure. However, you agree and accept that in case, inspite of all these precautions on
our part, if there is any attack in the form of hacking, distribution denial of service attack (DDOS), etc., which
results in your personal data on our Platform being compromised, we shall not be liable to you for any such loss
or damage caused by any technologically harmful material such as viruses or a DDOS or otherwise. In all such
cases, You agree to waive any claim from all losses or damage caused to You resulting from such attacks.
We shall not be held liable for any loss or damage that may affect your computer, computer equipment,
programmes, or any other material as a result of downloading material from our Website or our Platform, or any
of the sites we link to or link to us.
8. PRODUCTS AND PRICING
Products: AFPL enables the sale of variety of products on its Platform. Each product on the Platform is sold
subject to its product description. While AFPL strives to provide accurate descriptions, pricing details and other
information about the products appearing on the Platform, it is likely that certain typographical or other errors
may appear on the Platform which may not always reflect the inaccurate position while you are placing the
order. In such an event, AFPL may, at its discretion, contact you for instructions or cancel your order and notify
you of such cancellations.
Pricing: The pricing information relating to the product shall be disclosed on the Website and the final price
shall be disclosed to you at the time of your purchase. AFPL does not guarantee that the price will be the lowest
in the city, region, or geography. Pricing may vary depending upon the delivery region. While AFPL strives to
provide accurate product and pricing information, pricing or typographical errors may occur. 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, AFPL 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. Unless the product ordered by You has been
dispatched, Your offer will not be deemed accepted. The payment may be processed prior to AFPL dispatch of
the product that you have ordered. Prices and availability are subject to change without notice or any
consequential liability to you. AFPL will have the right to modify the price of the product and contact you for
further instructions via the e-mail address provided by you at the time of registration or cancel the order and
notify you of such cancellation. If AFPL cancels the order after the payment has been processed, the entire
amount will be remitted to your account from which the payment was made subject to banking protocols.
9. SHIPPING AND DELIVERY
We endeavor to deliver our orders across India, covering most postal pin codes via our courier partners. The
processing and dispatching an order usually take up to 48 hours from such time the order is first placed. The
date of delivery shall depend on your Pin/Zip code. Orders once confirmed cannot be edited. However, We may
accept requests for address change within 12 hours of placing the order, provided such requests are
made via email at support@theethnic.co.
In case You order products from our Platform for delivery outside India, additional import duties and taxes may
be imposed (including separate import duties and taxes levied after the delivery reaches the specified
destination). You will be responsible for payment of any such import duties and taxes, as applicable. We agree
that we do not have any control over these charges and cannot predict their amount. In the event that a non-
delivery occurs on account of a mistake by You (i.e. wrong name or address or any other wrong information)
any extra cost incurred by AFPL for redelivery shall be claimed from You.
For further details relating to shipping and delivery including duties and taxes for international shipping, please
refer to our Shipping and Delivery Policy.
10. RETURN AND REFUND POLICY
For details relating to cancellation, return and refund, please refer to our Return, Exchange and Refund Policy.
11. CHARGES AND BILLING
You are responsible for obtaining access to the Service, and that access may involve third party fees (such as
internet service provider or airtime charges, messages or data charges). You are responsible for the fee(s)
associated with the display or delivery of ordered products. In addition, you are responsible for all equipment
necessary to access the service.
The price of our merchandise as mentioned on Our Platform is the Maximum Retail Price (MRP) for the said
product. Such MRP shall be inclusive of all taxes as applicable in India. Additional applicable taxes may be
charged depending upon the international destination to which the order has to be shipped. Domestic delivery
shall be free of cost.
Further, We enable online verification and authorization of payments through Payment services such as
Cashfree, Razorpay, Mobikwik, Verifone, 2 Checkout, CC Avenue, PayU, Amazon, Paypal & PayTM payment
gateways. All our Credit Card, Debit Card, E-Wallet and Net Banking transactions are processed over a secured
encrypted connection. So you can be rest assured about the mode of payment you choose.
The following Payment modes are available on the Website:
· Credit Cards: Domestic and International Visa, Master Card and American Express
· Debit Cards: Debit Cards of most of the major banks
· UPI or Net Banking.
· Cash on Delivery (if applicable): In this mode, the payment is made at the time of the delivery of your
order. However, the COD facility is available only in India.
· International Customers can pay from their Paypal account or can use their credit card to pay if they do
not have a PayPal Account.
CREDIT CARD DETAILS: You agree, understand and confirm that the credit card details provided by You for
availing of Services will be correct and accurate and You shall not use the credit card which is not lawfully
owned by You, i.e. in a credit card transaction. You further agree and undertake to provide the correct and valid
credit card details when making payment. Your acknowledge and agree that Your credit card information never
reaches AFPL and We just get pass, hold or fail message from our payment gateways. The liability for use of a
card fraudulently will be on You and the onus to 'prove otherwise' shall be exclusively on You.
12. TERMINATION
Company may suspend or terminate use of the Platform:
12.1. if it believes, in its sole and absolute discretion that the User has breached, violated, abused, or
unethically manipulated or exploited any term of the Agreement; and
12.2. if Company has reasonable grounds to suspect that any information provided is untrue, inaccurate, not
current or incomplete, or not in accordance with these Terms.
13. USE OF YOUR PERSONAL INFORMATION AND ELECTRONIC COMMUNICATIONS
In the course of use of the Platform, the User may be asked to provide certain personal information to Us. By
accepting the provisions of the Terms of Use, expressed or implied, you also accept the provisions of the
Privacy Policy. The Privacy Policy is regarding personal information provided by You. Therefore, please also
review the Privacy Policy carefully prior to using our platform.
14. NO GUARANTEES
Among other things, the Company does not guarantee that:
a. The Platform will meet the Your expectations; or
b. The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
c. The results obtained through the use of the Platform will be correct and reliable.
No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any
warranty, which has not specifically been stated in these Terms.
15. DISCLAIMER AND LIMITATION OF LIABILITIES
THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT
INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM
IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY
INFORMATION FROM THIS PLATFORM AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THIS
PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
16. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company (and its officers, directors, agents, subsidiaries,
affiliates, joint ventures, and employees) from and against any and all losses, liabilities, claims, damages, costs
and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon)
asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any
breach of this TnCs or non-performance of any representation, warranty, covenant or agreement made or
obligation to be performed by You pursuant to these Terms or Privacy Policy.
17. FORCE MAJEURE
We shall not have any liability for any interruption or delay in access to the Platform, due to the Force Majeure
Event. Our obligations in respect of the Services on the Platform will be postponed until circumstances beyond
our reasonable control cease to continue. The Force Majeure events includes those events resulting from natural
hazards, disasters, labour unrest, embargo, strike riots, lockouts, epidemic, pandemic, fire, flood, earthquakes,
typhoons, war, acts of foreign enemies or other perils or by any circumstances beyond the reasonable control of
the parties, including but not limited to acts of god, war or national emergency, government or court or statutory
action, civil commotion or industrial dispute.
18. SEVERABILITY
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be
unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent
of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
19. WAIVER
No provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the
Company of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or
excuse for any other different or subsequent breach.
20. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of India. Subject to the dispute resolution clause below, courts of
Bangalore, India have exclusive jurisdiction to settle any dispute arising out of or in connection with these
Terms (including any disputes regarding the existence, validity or termination of these Terms).
21. NOTICES
All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be duly
made when sent to the business address specified at the beginning. All notices or demands to or upon a User
shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-
known correspondence, fax or email address provided by the You on the Platform, or by posting such notice or
demand on an area of the Platform that is publicly accessible.
Notice to User shall be deemed to be received by such User if and when the Platform is able to demonstrate that
communication, whether in physical or electronic form, has been sent to such User, or immediately upon
Platform’s posting such notice on an area of the Platform that is publicly accessible.
22. MISCELLANEOUS
22.1. Headings for any section of the Agreement are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
22.2. The Company shall have the right to assign its obligations and duties in this Agreement to any person or
entity.
22.3. All telephonic calls to the Company will be kept completely confidential. However, Your call may be
recorded to ensure the quality of service. Further, for training purposes and to ensure excellent customer
service, calls from the Company to You or from You to the Company may be monitored and recorded.
22.4. Aman Bajaj is the designated Grievance Officer in respect of the Platform. Any complaints or concerns
with regard to any content on the Platform or any breach of this Agreement or Privacy Policy can be
directed to the designated Grievance Officer in writing at Anam Fashion Pvt. Ltd, 3 rd Floor, Above Café
27, 18 th cross, Sector 2, HSR Layout, Bengaluru, Karnataka 560103 or through an email signed with
electronic signatures sent to dataprivacy.grievanceofficer@theethnic.co for any data privacy complaints
and an email to legalsupport@theethnic.co for any other legal complaints.
22.5. You agree and accept that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to the use of the Services or the terms of use must be filed within one (1) year
after such cause of action arose or be forever barred.
22.6. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof
and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the such subject matter.
Terms of Use
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY
ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS
PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE
INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A
COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
Welcome to the Terms of Use (“Terms”) of Anam Fashion Pvt. Ltd, a company incorporated under the laws of
India with its business address at 3 rd Floor, Above Café 27, 18 th cross, Sector 2, HSR Layout, Bengaluru,
Karnataka 560103 (“AFPL”, “Company”, “We”, “Us”, or “Our”).
By accessing or using the website available at www.theethnic.co and and any subdomains (“Website”), Our
mobile application available on Android and iOS platforms (“Application”) You agree to be bound by these
Terms.
The Website and Application are collectively referred to as “Platform”.
These Terms governs the access or use by You, of the Platform, contents, products and services (“the Services”),
being made available by AFPL. Your agreement with Us includes these Terms and the Privacy Policy available
on the Platform (collectively “Agreement”).
The expressions “You” or “Your” or “User” refers to any natural or legal person who downloads, accesses or
uses the Services for any purpose or becomes a buyer by registering on the Platform as a registered User in order
to avail the Services.
All terms used with a capitalized first letter shall have the meaning assigned to them in these Terms or the
Privacy Policy.
1. USER AGREEMENT AND AMENDMENT TO THE TERMS
The User can access the Platform in accordance with the terms and conditions as set out in the Terms herein.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM OR SERIVCES. Your
access or use of AFPL’s Services, is conditioned on your acceptance, without modification, of these Terms. If
You do not agree with these Terms or any provisions in the Agreement, then refrain from using the Platform.
This Agreement is for an indefinite period. AFPL, at its sole discretion, reserve the right to change, modify,
amend, or update these Terms and/or the Agreement from time to time and such amended provisions of these
Terms and/or the Agreement shall be effective immediately upon being posted on the Platform. You can
determine when these Terms and/or Agreement were last revised by referring to the ‘LAST UPDATED’ at the
top of these Terms and/or Agreement. You shall ensure periodical review of these Terms for updates or
changes. If You don’t agree with the new Terms, you are free to reject them; unfortunately, that means You will
no longer be able to use the Services. Your continued use of the Platform shall be deemed to signify Your
acceptance of these provisions or amended provisions of these Terms and/or the Agreement.
2. ELIGIBILITY CRITERIA
You represent and warrant that You have the right to access or use the Services and that you are an individual of
legal age, of at least 18 years, to form a binding contract. If you are under the age of 18 (Eighteen) years you
have received your parent’s or guardian’s consent to these Terms on your behalf, to use the Services. The
Services can only be availed by those individuals or business entities, including sole proprietorship firms,
companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Persons
who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-
discharged insolvents etc. are not eligible to use the Platform. We reserve the right to indefinitely refuse,
suspend, terminate or block your access and use of our Services on our Platform through your registered account
if it is brought to our notice or if it is discovered that you are under the age of 18 years and using our Platform
without requisite permissions.
3. GENERAL DISCLAIMER
3.1. By using the Platform, You agree that You meet the Eligibility Criteria as detailed in Clause 2 (above) and
that You are fully able and competent to understand and accept this Agreement as a binding contract and to
abide by these Terms.
3.2. You agree that You shall not access the Services by any other means other than through the interfaces that are
provided by Us.
3.3. You agree that You shall not acquire, copy, or monitor any portion of the Platform in any way to reproduce
or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any
materials, documents, or information through any means not specifically made available through the
Platform.
3.4. You agree that You shall not attempt to reverse engineer, de-encrypt, or otherwise derive the design, internal
logic, structure or inner workings (including algorithms and source code) of the Platform, any other software,
products, models, prototypes, or other items provided by Us.
3.5. You agree that You shall not use any deep link, robot, spider or other automatic device or methodology, or
any similar or equivalent manual process, to access, acquire, download, copy or monitor the Platform or any
part thereof, or obtain any content through means not specifically made available through the Platform.
3.6. You agree that You shall not breach any provisions of the Agreement or violate any provisions of applicable
law.
4. CODE OF CONDUCT
You will use the Services provided by AFPL, for lawful purposes only and comply with all applicable laws and
regulations while using the Platform and transacting on the Platform.
You shall not host, display, upload, modify, publish, transmit, store, update or share any information that:
a. belongs to another person and to which the You do not have any right to;
b. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily
privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable,
relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the
laws in force;
c.
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. Transmit material that encourages conduct that constitutes a criminal offence, results in civil liability or
otherwise breaches any relevant laws, regulations or code of practice;
g. Making, transmitting or storing electronic copies of materials protected by copyright without the
permission of the owner;
h. deceives or misleads the addressee about the origin of such messages or knowingly and intentionally
communicates any information which is patently false or misleading in nature but may reasonably be
perceived as a fact;
i. impersonates another person;
j. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign
States, or public order, or causes incitement to the commission of any cognisable offence or prevents
investigation of any offence or is insulting other nation;
k. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit
the functionality of any computer resource. Gaining unauthorized access to other computer systems.
Interfering or disrupting networks or web sites connected to the Site; and
l. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a
person, entity or agency for financial gain or to cause any injury to any person.
5. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, all material(s) including but not limited to texts, audios, videos or graphical
images, software, trademarks, logos, service marks, domain names and other intellectual property rights
(“IPR”), as reflected/ affixed/ or contained within the Services, are the sole and exclusive property of the
Company and as such protected under the copyright laws, trademark laws and other applicable laws. Any use
by the User of IPR, without Our permission, shall constitute infringement of our proprietary rights, which shall
be vigorously prosecuted and pursued to the fullest extent permitted by law. Nothing contained in these Terms,
constitutes any permission/transfer/ license for our IPR or any part thereof, in the name of the User. Nothing
under these Terms gives you any rights, title, claim, interest or privilege on our intellectual property in your
favour.
Subject to the compliance with the Terms herein, Company hereby grants you a personal, limited, non-
exclusive, non-transferrable, freely revocable license to use AFPL Services for the personal and non-
commercial viewing and downloading the extracts of this WebSite only. Except for the foregoing limited
license, no right, title, or interest shall be transferred to you. You should not (whether directly or using any
software program) create a database in electronic or structured manual form by regularly or systematically
downloading and storing all or any part of the pages from the Platform. Content on the Site or the Platform and
/ or AFPL Services and/or products are being provided to You AS IS for your personal and non-commercial
use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold,
licensed or rented or otherwise exploited for any other purpose, without AFPL’s prior written consent.
6. REGISTRATION PROCESS
To access the Services of purchasing products from this Website, you are required to open an Account by
completing the registration process (which means providing us correct, complete and accurate details as
prompted in the registration form). You may register on the Platform by proving details such as but not limited
to name, email address, address, phone number etc. In case of any concerns on Your personal information,
please refer to the Privacy Policy. You agree that each registration to access or use of our Services on the
Platform is for a single individual user only. To access the Service, You will be asked to enter your individual
Username and Password. Therefore, we do not permit any of the following: -
- Any other person sharing your Username and Password.
- Any part of the Website being cached in proxy servers and accessed by individuals who have not registered
with the Website as users.
- Access through a single Username and Password being made available to multiple users on a network.
Upon registration, you shall be responsible for maintaining confidentiality of the password and the account
including your personal details. You shall be responsible for ensuring that all such information/ details are
always up to date on the Platform. You agree that if you provide any information that is untrue, inaccurate, not
updated or incomplete or in case we have reasonable grounds to suspect that such information is untrue,
inaccurate, not updated, incomplete, or not in accordance with these Terms or the account has been misused, we
shall have the right to indefinitely suspend or terminate or block your access rights immediately without notice
and block user access from that IP address.
You shall be entirely responsible for all activities that occur under/ through your account. By registering, you
agree to these Terms in addition to any other specific terms which shall be posted at an appropriate location of
the Platform. Therefore, in all such events where you allow others to have access to your account on the
Platform for availing Services or otherwise, You agree that they will be able to view and access your account
information and You shall be solely liable and responsible for all the activities undertaken under your account
and any consequences therefrom, which may occur as result of another party using your account. You also agree
to immediately notify Us of any unauthorized use of your account or any other breach of security and ensure
that You exit from Your account at the end of each session by signing off. The Company shall not be
responsible for any unauthorized access or alteration of Your account, transmissions of data, or any material or
data sent or received or not sent or not received through the Platform. You further agree that AFPL shall not be
liable for any loss or damage arising from your failure to comply with this Clause. You may be held liable for
losses incurred by AFPL or any other user of or visitor to the Website due to the authorized or unauthorized use
of Your account. Your access to the website may also be occasionally suspended or restricted to allow for
repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and
duration of any such suspension or restriction. However, We will not be liable, if for any reason, the
Platform is unavailable at any time or for any period.
As a condition of purchase, the Platform requires your permission to send You administrative and promotional
emails. We will send you information regarding Your account activity and purchases, as well as updates about
our products and promotional offers. You can opt-Out of our promotional emails anytime by clicking the
unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details.
The offers made in any promotional messages sent via emails /SMS/MMS shall be subject to change at the sole
discretion of AFPL and AFPL owes no responsibility to provide You any information regarding such change.
7. HACKING
You acknowledge that we are taking all reasonable precautions to ensure that all your personal information/ data
stored on our platform is secure. However, you agree and accept that in case, inspite of all these precautions on
our part, if there is any attack in the form of hacking, distribution denial of service attack (DDOS), etc., which
results in your personal data on our Platform being compromised, we shall not be liable to you for any such loss
or damage caused by any technologically harmful material such as viruses or a DDOS or otherwise. In all such
cases, You agree to waive any claim from all losses or damage caused to You resulting from such attacks.
We shall not be held liable for any loss or damage that may affect your computer, computer equipment,
programmes, or any other material as a result of downloading material from our Website or our Platform, or any
of the sites we link to or link to us.
8. PRODUCTS AND PRICING
Products: AFPL enables the sale of variety of products on its Platform. Each product on the Platform is sold
subject to its product description. While AFPL strives to provide accurate descriptions, pricing details and other
information about the products appearing on the Platform, it is likely that certain typographical or other errors
may appear on the Platform which may not always reflect the inaccurate position while you are placing the
order. In such an event, AFPL may, at its discretion, contact you for instructions or cancel your order and notify
you of such cancellations.
Pricing: The pricing information relating to the product shall be disclosed on the Website and the final price
shall be disclosed to you at the time of your purchase. AFPL does not guarantee that the price will be the lowest
in the city, region, or geography. Pricing may vary depending upon the delivery region. While AFPL strives to
provide accurate product and pricing information, pricing or typographical errors may occur. 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, AFPL 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. Unless the product ordered by You has been
dispatched, Your offer will not be deemed accepted. The payment may be processed prior to AFPL dispatch of
the product that you have ordered. Prices and availability are subject to change without notice or any
consequential liability to you. AFPL will have the right to modify the price of the product and contact you for
further instructions via the e-mail address provided by you at the time of registration or cancel the order and
notify you of such cancellation. If AFPL cancels the order after the payment has been processed, the entire
amount will be remitted to your account from which the payment was made subject to banking protocols.
9. SHIPPING AND DELIVERY
We endeavor to deliver our orders across India, covering most postal pin codes via our courier partners. The
processing and dispatching an order usually take up to 48 hours from such time the order is first placed. The
date of delivery shall depend on your Pin/Zip code. Orders once confirmed cannot be edited. However, We may
accept requests for address change within 12 hours of placing the order, provided such requests are
made via email at support@theethnic.co.
In case You order products from our Platform for delivery outside India, additional import duties and taxes may
be imposed (including separate import duties and taxes levied after the delivery reaches the specified
destination). You will be responsible for payment of any such import duties and taxes, as applicable. We agree
that we do not have any control over these charges and cannot predict their amount. In the event that a non-
delivery occurs on account of a mistake by You (i.e. wrong name or address or any other wrong information)
any extra cost incurred by AFPL for redelivery shall be claimed from You.
For further details relating to shipping and delivery including duties and taxes for international shipping, please
refer to our Shipping and Delivery Policy.
10. RETURN AND REFUND POLICY
For details relating to cancellation, return and refund, please refer to our Return, Exchange and Refund Policy.
11. CHARGES AND BILLING
You are responsible for obtaining access to the Service, and that access may involve third party fees (such as
internet service provider or airtime charges, messages or data charges). You are responsible for the fee(s)
associated with the display or delivery of ordered products. In addition, you are responsible for all equipment
necessary to access the service.
The price of our merchandise as mentioned on Our Platform is the Maximum Retail Price (MRP) for the said
product. Such MRP shall be inclusive of all taxes as applicable in India. Additional applicable taxes may be
charged depending upon the international destination to which the order has to be shipped. Domestic delivery
shall be free of cost.
Further, We enable online verification and authorization of payments through Payment services such as
Cashfree, Razorpay, Mobikwik, Verifone, 2 Checkout, CC Avenue, PayU, Amazon, Paypal & PayTM payment
gateways. All our Credit Card, Debit Card, E-Wallet and Net Banking transactions are processed over a secured
encrypted connection. So you can be rest assured about the mode of payment you choose.
The following Payment modes are available on the Website:
· Credit Cards: Domestic and International Visa, Master Card and American Express
· Debit Cards: Debit Cards of most of the major banks
· UPI or Net Banking.
· Cash on Delivery (if applicable): In this mode, the payment is made at the time of the delivery of your
order. However, the COD facility is available only in India.
· International Customers can pay from their Paypal account or can use their credit card to pay if they do
not have a PayPal Account.
CREDIT CARD DETAILS: You agree, understand and confirm that the credit card details provided by You for
availing of Services will be correct and accurate and You shall not use the credit card which is not lawfully
owned by You, i.e. in a credit card transaction. You further agree and undertake to provide the correct and valid
credit card details when making payment. Your acknowledge and agree that Your credit card information never
reaches AFPL and We just get pass, hold or fail message from our payment gateways. The liability for use of a
card fraudulently will be on You and the onus to 'prove otherwise' shall be exclusively on You.
12. TERMINATION
Company may suspend or terminate use of the Platform:
12.1. if it believes, in its sole and absolute discretion that the User has breached, violated, abused, or
unethically manipulated or exploited any term of the Agreement; and
12.2. if Company has reasonable grounds to suspect that any information provided is untrue, inaccurate, not
current or incomplete, or not in accordance with these Terms.
13. USE OF YOUR PERSONAL INFORMATION AND ELECTRONIC COMMUNICATIONS
In the course of use of the Platform, the User may be asked to provide certain personal information to Us. By
accepting the provisions of the Terms of Use, expressed or implied, you also accept the provisions of the
Privacy Policy. The Privacy Policy is regarding personal information provided by You. Therefore, please also
review the Privacy Policy carefully prior to using our platform.
14. NO GUARANTEES
Among other things, the Company does not guarantee that:
a. The Platform will meet the Your expectations; or
b. The Platform will be accessible without interruption or in a timely, reliable, or fault-free manner; or
c. The results obtained through the use of the Platform will be correct and reliable.
No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any
warranty, which has not specifically been stated in these Terms.
15. DISCLAIMER AND LIMITATION OF LIABILITIES
THIS PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT
INCLUDED ON THIS PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS PLATFORM
IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY
INFORMATION FROM THIS PLATFORM AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED. THE COMPANY DOES NOT WARRANT THAT THIS
PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
16. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company (and its officers, directors, agents, subsidiaries,
affiliates, joint ventures, and employees) from and against any and all losses, liabilities, claims, damages, costs
and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon)
asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any
breach of this TnCs or non-performance of any representation, warranty, covenant or agreement made or
obligation to be performed by You pursuant to these Terms or Privacy Policy.
17. FORCE MAJEURE
We shall not have any liability for any interruption or delay in access to the Platform, due to the Force Majeure
Event. Our obligations in respect of the Services on the Platform will be postponed until circumstances beyond
our reasonable control cease to continue. The Force Majeure events includes those events resulting from natural
hazards, disasters, labour unrest, embargo, strike riots, lockouts, epidemic, pandemic, fire, flood, earthquakes,
typhoons, war, acts of foreign enemies or other perils or by any circumstances beyond the reasonable control of
the parties, including but not limited to acts of god, war or national emergency, government or court or statutory
action, civil commotion or industrial dispute.
18. SEVERABILITY
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be
unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent
of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.
19. WAIVER
No provision of the Agreement shall be deemed to be waived and no breach excused, unless such waiver or
consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the
Company of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or
excuse for any other different or subsequent breach.
20. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of India. Subject to the dispute resolution clause below, courts of
Bangalore, India have exclusive jurisdiction to settle any dispute arising out of or in connection with these
Terms (including any disputes regarding the existence, validity or termination of these Terms).
21. NOTICES
All notices or demands to or upon the Company shall be effective if in writing and shall be deemed to be duly
made when sent to the business address specified at the beginning. All notices or demands to or upon a User
shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-
known correspondence, fax or email address provided by the You on the Platform, or by posting such notice or
demand on an area of the Platform that is publicly accessible.
Notice to User shall be deemed to be received by such User if and when the Platform is able to demonstrate that
communication, whether in physical or electronic form, has been sent to such User, or immediately upon
Platform’s posting such notice on an area of the Platform that is publicly accessible.
22. MISCELLANEOUS
22.1. Headings for any section of the Agreement are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
22.2. The Company shall have the right to assign its obligations and duties in this Agreement to any person or
entity.
22.3. All telephonic calls to the Company will be kept completely confidential. However, Your call may be
recorded to ensure the quality of service. Further, for training purposes and to ensure excellent customer
service, calls from the Company to You or from You to the Company may be monitored and recorded.
22.4. Aman Bajaj is the designated Grievance Officer in respect of the Platform. Any complaints or concerns
with regard to any content on the Platform or any breach of this Agreement or Privacy Policy can be
directed to the designated Grievance Officer in writing at Anam Fashion Pvt. Ltd, 3 rd Floor, Above Café
27, 18 th cross, Sector 2, HSR Layout, Bengaluru, Karnataka 560103 or through an email signed with
electronic signatures sent to dataprivacy.grievanceofficer@theethnic.co for any data privacy complaints
and an email to legalsupport@theethnic.co for any other legal complaints.
22.5. You agree and accept that regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to the use of the Services or the terms of use must be filed within one (1) year
after such cause of action arose or be forever barred.
22.6. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof
and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the such subject matter.
