Baya Couture LLP Firm, whose registered office is at 3073, eazezone mall, goregaon west, Mumbai-400064, is the platform owner.
You agree to abide by all applicable rules, guidelines, policies, terms, and conditions when using any of the services that We make available through the Platform, such as Product Reviews and Seller Reviews. These terms and conditions will be deemed to be incorporated into this Terms of Use and will be regarded as an integral part of this agreement. Without giving You any previous written notice, We reserve the right, at Our sole discretion, to alter, amend, add, or remove any section of these Terms of Use. It is your responsibility to regularly check these Terms of Use for revisions or modifications. Once changes are posted, your continuing use of the Platform will be interpreted as your acceptance and agreement to the updates. We give You a limited, personal, non-exclusive, and non-transferable right to access and use the Platform, provided You abide by these Terms of Use. You acknowledge and agree to be governed by the Baya Couture Policies, including but not limited to the Privacy Policy as changed from time to time, by accepting these Terms of Use, whether expressly or implicitly.
- User Account, Password, and Security:
By using the Platform, You agree to be accountable for all activities that happen under your Display Name and Password as well as for keeping confidentiality of these details. You acknowledge that We reserve the right to suspend, terminate, or block access to your membership on the Platform indefinitely if You supply any information that is false, inaccurate, out-of-date, or incomplete.You consent to
1. Promptly alert Baya Couture to any unauthorized usage or account breach
2. Make sure you log out of your account at the conclusion of each session. - Services Provided:
Via the Platform, Baya Couture offers several web-based services. One such service allows Users to buy original goods, such clothes. The Products can be bought over the Platform using any of the available payment methods. Specific policies of sale, such as the cancellation, exchange, and return policies (available on the Platform’s shipping and returns tab, all of which are incorporated here by reference), will also govern the sale and purchase of Products.
- Guidelines for Conduct by Users on the Platform:
You acknowledge, agree, and undertake that the following legally enforceable guidelines will strictly control how you use the platform:
It is forbidden for you to host, show, upload, alter, publish, transmit, update, or distribute any data that:
1. is owned by someone else and over which You have no legal authority
2. is extremely offensive, dehumanizing, blasphemous, insulting, obscene, pornographic, paedophilic, libellous, invading another person’s privacy, hateful, or offensive to certain races or ethnicities, derogatory, relating to or supporting money laundering or gambling, or otherwise illegal in any way
3. is in any way deceptive
4. includes sending “spamming,” “junk mail,” “chain letters,” or unsolicited bulk mailing.
5. encourages unlawful activity or behavior that is libellous, abusive, threatening, vulgar, or defamatory
6. breaches or infringement of the rights of any third party, including but not limited to rights of publicity, intellectual property rights, and privacy rights (which include, but are not limited to, the unauthorized publication of a person’s name, email address, physical address, or phone number).
7. includes hidden pages or pictures (those not connected to or from another viewable page), password-protected or restricted access pages, and hidden pages
8. gives educational information on illicit actions, such as the production or purchase of illicit weapons, invasions of privacy, and the provision or manufacture of computer viruses
9. includes pictures, videos, or other media that features another person (either an adult or a minor).
10. seeks to obtain access to the Platform without authorization or goes beyond what is permitted to access the Platform or its profiles, blogs, communities, account information, bulletins, friend requests, or other areas; or requests passwords or personally identifying information from other users for improper or commercial use
11. interferes with the use and enjoyment of the Platform by another USER or the use of comparable services by any other person.
12. violates any patent, trademark, copyright, or other proprietary rights; violates trade secrets owned by third parties; violates the right to privacy or publicity; or is fraudulent or involves the sale of fake or stolen goods
13. breaches any current legislation in effect
14. endangers public order, cordial relations with other governments, the unity, integrity, defense, security, or sovereignty of India, encourages the commission of any crime that can be prosecuted, obstructs an investigation into a crime, or is derogatory to another country
15. must not be deceptive, erroneous, or false.
16. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers - If any of the following conditions are satisfied, a user may be deemed fraudulent or have caused loss to the company through fraudulent activity:
1. Users do not respond to Baya Couture’s payment verification email
2. When verifying payment details, users fail to present sufficient documentation
3. Abuse of another person’s email or phone
4. Users utilize erroneous phone numbers, emails, and addresses
5. Using a coupon code excessively
6. Usage of a unique coupon that isn’t associated with the email address
7. Customers return incorrect merchandise
8. The user declines to pay for the order
9. Participants in any order’s snatch and run
10. Unrelated actions carried out with the express purpose of undermining Baya Couture’s revenue or business
11. An extremely high return rate user
12. Repetitive demands for payment for fictitious or utilized orders - Baya Couture may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Baya Couture:
1. The ordered goods are intended for commercial resale rather than personal use
2. Depending on the product category, several orders may be placed for the same item at the same location
3. Bulk order for the same product in bulk
4. Incorrect address provided in the order information
5. Any dishonesty committed when placing the order
6. It is not possible to get a refund for any promotional voucher used to place the “Bulk Order.”
7. Any sequence that takes advantage of a technical fault or weakness - You agree not to use the Platform for any illegal or fraudulent purposes, which could irritate or inconvenience other users of Baya Couture, violate any company policies or guidelines, or interrupt or cause other users’ use of the Platform to be interrupted.
- It is forbidden to use fictitious email addresses, pose as someone else, mislead Baya Couture by providing various addresses and phone numbers, or engage in fraudulent transactions.
- We even give our users the opportunity to freely share their thoughts and observations about their interest in the world of fashion by allowing them to “view user generated content” and/or “videos” and “post comments” on specific landing pages. You acknowledge and agree to the practices outlined in these “Terms of Service” and “Privacy Policies,” as well as any additional terms that the Pant Project may specify on the Platform, by accessing, viewing, and/or uploading any user-generated content to any particular dedicated page on the Platform. You acknowledge and agree that you will not copy, harass, abuse, or violate any of the platform’s “Terms of Service” in the process of accessing, viewing, or uploading any user-generated content on these sites.
- You agree not to access, acquire, copy, or monitor any portion of the Platform or any Content through any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm, or methodology, or any comparable or equivalent manual process. You also agree not to reproduce or circumvent the Platform’s or any Content’s navigational structure or presentation in any way, or to attempt to obtain any materials, documents, or information through any means other than those made specifically available through the Platform. We keep the right to prohibit any such behavior.
- You agree not to use hacking, password “mining,” or any other illegal methods to attempt to obtain unauthorized access to any part of the Platform, any other systems or networks connected to the Platform, any server, computer, network, or any of the services provided on or through the Platform.
- It is forbidden to impersonate any other person or organization or to act as though you are someone else or that you represent them.
- The presented content may not accurately represent the opinions of Baya Couture. Baya Couture disclaims all liability and responsibility for any posted content, as well as for any claims, losses, or damages arising from the use of the content or from the content’s inclusion on the platform. By providing content, you hereby represent and warrant that you have all required rights to the material contained in it and that the content you submit does not violate any third party’s property or other rights or contain any information that would be considered defamatory, tortious, or illegal in any other way.
- Baya Couture thus expressly disclaims any warranties regarding the accuracy of the finished product’s appearance, size, color, finish, or other specifications as requested by the user. You can return or exchange products you purchased on Baya Couture during the return/exchange period by following the guidelines provided by the Baya Couture Return & Exchange Policy.
Liability and Warranties Disclaimed:
Unless otherwise stated in writing, all of the items, services, and content (including but not limited to software) featured on or otherwise made accessible to You through the Platform are provided on a “as is” and “as available” basis without any express or implied warranties. To be clear, Baya Couture does not guarantee that the Platform will be available continuously, at all, or that the content on it is accurate, complete, factual, or not deceptive.
E-Communication Platform:
You accept, comprehend, and realize that Baya Couture is an online marketplace where you can buy things listed at any moment at the specified price. Furthermore, you understand and agree that Baya Couture is merely a facilitator and that it is not and cannot regulate or be a party to any transactions that take place on the platform.
8 Liability:
You agree to defend, indemnify, and hold harmless Baya Couture, its licensee, owner, affiliates, subsidiaries, group companies (if applicable), and each of their respective officers, directors, agents, and workers from any third-party claim or demand, action, or fine brought about by any of these parties as a result of Your breaking this Terms of Use, Privacy Policy, and other Policies, or as a result of Your breaking any laws, rules, or regulations, or Your violating any rights (including intellectual property rights) of a third party.
Limitation of Liability:
Baya Couture will never be responsible for any indirect, punitive, incidental, special, consequential, or other damages that arise from:
1. Utilizing or not being able to use the Products or Services
2. Unauthorized access to or modification of the user’s data or communications
3. Violation of the terms, promises, or guarantees made by the Products’ maker
4. Any other issue pertaining to the services, such as, but not limited to, losses for profit, data, or use lost as a result of using the Platform or Service or anything else connected to it. Baya Couture disclaims all liability for unanticipated access suspensions or non-availability of the Baya Couture during routine maintenance activities. The User acknowledges and agrees that downloading any content or data from Baya Couture is done at their own risk and discretion. They also agree that they will bear full responsibility for any data loss or damage to their mobile device that may arise from downloading such content or data. Baya Couture’s liability will be restricted to an amount equal to the product value that You have purchased, to the extent permitted by law. There will be no recourse against Baya Couture for any disagreement or conflict between Users.Termination:
1. Baya Couture may remove any content or other materials related to your use of the Service, and Baya Couture will not be liable to you or any third party for doing so, in the event that You or Baya Couture terminates your use of the Platform or any Service. Baya Couture may, however, keep a record of your transactions in order to comply with legal or regulatory requirements.
2. Your account may be terminated by Baya Couture at any time, as specified in the Terms of Use. Any credits earned through loyalty or referral program, Baya Couture credit and pending refunds if any will be forfeited in such case. Baya Couture shall have the full decision over returns and refunds for such Users.
3. Baya Couture reserves the right to refuse access to the portal and terminate accounts, including any linked accounts, without notice to you if You use any false email addresses, use the portal for any unlawful or fraudulent purposes, which may cause annoyance and inconvenience and abuse any company policies or rules, or mislead Baya Couture by sharing multiple addresses and phone numbers or transacting with malice. - Governing Law:
The laws of India shall govern the construction of these terms, without reference to principles of conflict of laws. Any disputes arising out of or relating to these terms shall be exclusively subject to the jurisdiction of the courts, tribunals, fora, and applicable authorities located in Bangalore. Bangalore alone will serve as the exclusive seat of jurisdiction.