This Terms of Use agreement is in effect as on 2021.

This is a legal agreement between you, the potential user (“You”) and Vedant Fashions Limited (formerly known as Vedant Fashions Pvt. Ltd.) (“VFL”/ “Company”/ “We”/ “Us”/ “Our”), its subsidiaries and its affiliates.

These Terms of Use (“Terms”) governs the access or use by You, of website, mobile site and its content, being made available by VFL. READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. Your access, visit, explore, browse or use of website located at URL: https://www.vedantfashions.com (“Site”) and mobile site (collectively called as “Platform”), is conditioned on your acceptance, without modification, of these Terms. If you do not agree to these Terms, you should not use/ browse/ explore /access/ visit the platform. You accept the Terms by using or accessing or browsing the platform or making an inquiry when you submit a form or when you contact us at the email ids provided on the platform in one way or other. In this case, you understand and agree that VFL will consider your use or access of the platform as agreement to the Terms. The Terms include the provisions in this document, as well as those in the Privacy Policy and any additional terms, as may be implemented that you agree to. This platform is owned by VFL, a company incorporated within the meaning of the Companies Act, 1956 & 2013 having its registered office at SDF 1, 4th Floor, A501-A502, Paridhan Garment Park, 19 Canal South Road, Kolkata – 700015, West Bengal, India.

This platform is owned by VFL, a company incorporated within the meaning of the Companies Act, 1956 & 2013 having its registered office at SDF 1, 4th Floor, A501-A502, Paridhan Garment Park, 19 Canal South Road, Kolkata – 700015, West Bengal, India.

By using this Site, you acknowledge and confirm that:

These Terms are 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 which requires publishing the rules and regulations, privacy policy and user agreement for access or usage of VFL Platform.

These Terms are an electronic record in terms of Information Technology Act, 2000 and Rules thereunder as applicable and amended provisions pertaining to electronic records in various statutes under relevant Indian Laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

User Agreement

All references to “You” or “User”, as applicable, shall mean any natural or legal person that accesses, uses, browses, fills & submits the Franchise Application Form for prospective opportunity/ for being associate with our business or contacts us at the email ids provided on the Platform placing an enquiry or raising a concern. The User can access the Site or the Platform in accordance with the terms and conditions as set out below. This Agreement/ Terms of Use are for an indefinite period. VFL, at its sole discretion, modify these Terms at any time, without any prior written notice to you. You shall ensure periodical review of these Terms for updates or changes. If you do not agree with the new Terms, you are free to exit the platform. If you use/ access/ browse in any way after a change to the Terms is effective, that means you agree to all of the changes, and will be bound by them as is.

Intellectual Property Rights

Unless otherwise stated, all material(s) including but not limited to texts, audios, videos or graphical images, software, trademarks, designs, copyright, logos, service marks, domain names and other intellectual property rights (“IPR”), as reflected/ affixed/ or contained on the this Platform, are the sole and exclusive property of VFL and as such protected under the copyright laws, trademark laws, Design Act and other applicable laws. Any use of the IPR by the User, 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 of Use, constitutes any permission/transfer/ license for our IPR or any part thereof, in the name of the User. Nothing under these Terms of Use gives you any rights, title, claim, interest or privilege on our intellectual property in your favour.

Limited License and Intended Purpose

Subject to the compliance with the Terms herein, VFL hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use of VFL’s platform. 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 of VFL are being provided to you are for your information only and shall not be construed as a commercial offer, a license, an advisory, fiduciary or professional relationship between you and VFL. You may not copy, modify, reproduce, destroy, distribute, transmit, broadcast, display, sell, license or rent or otherwise exploit the content of this website for any commercial or public purpose, without out prior express written consent.

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 indemnify us from all losses or damage, claims, suits or litigation attributable to any action or inaction of VFL 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 Site or our platform or otherwise.

Acceptable Use of Platform

You acknowledge that while using/ accessing/ browsing/ exploring the site, you shall not violate or attempt to violate the security of the Site, including, without limitation, attempt to interfere with the server/ system or network security or attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or attempt to crash the site or send unsolicited electronic mail or upload files containing viruses or otherwise damage or threaten to damage the integrity of the Site.

Disclaimer of Warranties

All the contents of the Site are only for general information or use. You understand and agree that your use of the Site is at your sole risk and that the content is provided on “as is” basis” without warranty of any kind to the extent permitted by the applicable laws. In particular, VFL, its subsidiaries and affiliates, and its licensors or suppliers do not make any representations or warranties of any kind, express or implied, including without limitation that your use of the Site will meet your requirements; or will be uninterrupted, secure, accurate, timely or free from error/ omission; or any information obtained by you will be complete, reliable, legal or accurate.

We reserve the right to disclosure of any personal information about you and your use of the Site including its contents, without your prior permission if we have a good faith belief that such action is necessary to:

• Conform to legal requirements or comply with legal process.
• Protect and defend our rights or property and those of our affiliated companies.
• Act to protect the interest of our members or others.
• Enforce the terms of use; or

Our performance of these Terms is subject to existing laws and legal process and nothing contained in these Terms is in derogation of our rights to comply with governmental, court and law enforcement requests or requirement relating to your use of the Site or information provided to or gathered by us with respect to such use.

VFL or its subsidiaries or its affiliates shall not be liable for any indirect, consequential or incidental damages, including but not limited to loss of profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or relying on any content contained in this site or any linked site, if any, as the case may be.

Privacy Policy

Your use of the platform is also subject to our Privacy Policy as may be amended from time to time. 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 including sensitive information or data provided by you. Therefore, please also review the Privacy Policy carefully prior to using our platform. Privacy policy is located at Privacy Policy. If there is any conflict between the provisions within these Terms of Use and the provisions within the Privacy Policy, the provisions of the Privacy Policy will apply.

Additionally, by using this Platform or information provided therein, you acknowledge and agree that, while we are taking all reasonable precautions to secure all your personal information/ data stored on our platform, however, internet transmissions are never completely private or secure. You understand that, despite out safety precautions, if there is any attack in the form of hacking, distribution denial of service attack (DDOS), etc., which results in loss or compromise of your personal data on our platform, 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.

Communication

When You use/ access the Site or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from us. We may send information to you periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise. Communication can also be by posting any notices on the website. You agree that the communications sent to you by the website shall not be constructed as spam or bulk under any law prevailing in any country where such communication is received.

Indemnification

To the fullest extent allowed by the law, you agree to defend, indemnify and hold VFL, our subsidiaries and our affiliates their officers, directors, employees and agents, harmless from and against any or all claims, liabilities, damages (actual and consequential), , losses and expenses (including attorneys’ fees), arising from or related to: (i) hacking, any third party claims or your access to or use of the Platform; (ii) violation of these Terms, privacy policy and other terms and conditions as may be implemented; and (iii) violation of any law, rules and regulations or rights (including infringement of intellectual property rights) of a third party.

Waiver and Severability

You acknowledge that our failure to exercise or enforce any right or provision of the terms of use or our failure to demand resolutions to which we are entitled to shall not constitute a waiver of such right or provision or omission of your responsibility to comply with your obligations outlined under these Terms including the documents referred therein. No waiver by us, of any of these Terms, would take effect unless expressly stated in writing to you. If any provision of these Terms is found, by a court of competent jurisdiction, to be invalid, then that provision will be removed to the minimum extent necessary, from the Terms. The remaining Terms will continue to be in full force and effect and enforceable.

Termination

You acknowledge and accept that the Terms of Use shall continue to apply unless terminated by us. We may, at our discretion, suspend or terminate your use or access of the platform if we have reasonable grounds to suspect or believe that you have breached, violated, abused, or unethically manipulated or exploited any Terms hereunder (including the documents referred to in there) or have otherwise acted unethically.At the termination of these terms of Use, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Contact Us

For any question or enquiry or concern or feedback about this Site or its content or these Terms of Use, please feel free to write to the designated Grievance Officer via post or through your registered email id. The name and contact details of the Grievance Officer is provided hereunder:

Ms. Bhavna Bhalotia
Grievance Officer
Vedant Fashions Limited (formerly known as Vedant Fashions Pvt. Ltd.)
SDF 1, 4th Floor, A501-A502, Paridhan Garment Park
19 Canal South Road, Kolkata – 700015, West Bengal, India
Ph: +91 33 6125 5496 /+91 33 6125 5353
Email: [email protected]

Changes to these Terms of Use

We reserve the right to make changes to the terms of use and may change these terms from time to time. Whenever we revise or modify these terms, the same will be updated online. If you continue to access our platform after those changes have come into effect, you acknowledge and agree to the revised terms. Discontinuing use of the platform will not effect the applicability of the terms to your previous use of the platform.

We further encourage you to refer to this page from time to time to review these terms of use and any new information that may be included.

Statute of Limitations

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 use of the Platform or the terms of use must be filed within one (1) year after such cause of action arose or be forever barred.

Dispute Resolution

We resolve to provide you a cost effective and neutral means of resolution in case of disputes arising out of or in relation to these Terms of Use, including any question regarding its existence, validity, or termination, within a period of 15 days (“Consultation Period”) after the dispute has been reported by you/ or brought to our attention. In case, the Parties are unable to resolve the disputes within 15 days from the Consultation Period, the same shall be settled by arbitration governed by the provisions of Arbitration and Conciliation Act, 1996. The Company shall appoint one (1) Arbitrator to conduct the arbitral proceeding on behalf of both the Parties. The arbitrator shall then conduct the arbitration proceedings in consonance with the provisions of the Indian Arbitration and Conciliation Act, 1996 as may be amended from time to time. The decision of the Arbitrator so appointed shall be binding upon the Parties and the proceedings shall be as decided by the Arbitrator.

The venue/seat of Arbitration shall be Kolkata and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.

Governing Law

The Terms of Use by ways of this Agreement shall be governed by and will be construed in all respects in accordance with the Laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the website/ platform, shall be subject to the exclusive jurisdiction of the courts at Kolkata, India. The use of this Site or Platform thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this Clause.

Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.