USE OF OUR SERVICE
You may use the Service only if you can form a binding contract with Seller, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at hello@ SyedBawkher.com. The Service is not available to any Users previously removed from the Service by Seller. Seller reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
1. User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to immediately notify SyedBawkher of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session.
The Service is available through Facebook’s “Facebook Connect” service. [You must have an active Facebook account in order to access the Service through Facebook Connect], and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Service through Facebook Connect, Seller may require that your www. SyedBawkher.com ID be the same as your username/email ID for Facebook. If you sign into www. SyedBawkher.com through Facebook Connect, you will provide your Facebook account information to Seller, and you are consenting to have the information in that account transmitted into your www. SyedBawkher.com account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Seller servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that, subject to the privacy settings of our Users, Seller grants the operators of public search engines revocable permission to use spiders to copy materials from www. SyedBawkher.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Service. We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Seller, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
2. Services Offered:
SyedBawkher provides a number of Internet-based services through the Platform. One such Service enables Users to purchase customized merchandise such as clothing, footwear and accessories SyedBawkher (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). It is clarified that due to the very nature of the services offered being customized to Your taste and style sense, Syed Bawkher does not accept return requests, although Syed Bawkher may accept alteration requests at their sole discretion.
3. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right tois grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
- is misleading in any way
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
- interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
- violates any law for the time being in force
- 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 any other nation
- shall not be false, inaccurate or misleading
- 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
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
- Users doesn’t reply to the payment verification mail sent by TG Apparel & Decor Pvt. Ltd
- Users fails to produce adequate documents during the payment details verification
- Misuse of another Users’s phone/email
- Users uses invalid address, email and phone no.
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used.
- Users returns the wrong product
- Users refuses to pay for an order
- Users involved in the snatch and run of any order
- Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to TG Apparel & Decor Pvt. Ltd
- User with a very high return rate
- Repeated request for monetary compensation for fake/used order
Syed Bawkher 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 Syed Bawkher :
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category.
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
- Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
- Any order paced using a technological glitch/loophole.
You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Syed Bawkher
You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Syed Bawkher by sharing multiple address and phone numbers or transacting with malafide intentions.
We on certain landing page even allow our Users to experience free exchange of ideas and observations regarding interest in the field of fashion, including ‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user generated content to any specific dedicated page on the Platform, you accept and consent to the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other terms of prescribed by the SyedBawkher on the Platform. You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages You will not imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’ of the Platform.
You shall not use any “deep-link”, “page-scrape”, “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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
The Content posted does not necessarily reflect SyedBawkher views. In no event shall SyedBawkher assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
SyedBawkher hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. SyedBawkher Return & Exchange Policy offers you the option to return or exchange items purchased on SyedBawkher within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return of the purchased item, please refer to the “Return Policy” on our TG Apparel & Decor Pvt. Ltd.
4. Contents Posted on Platform:
You may use information on the products and services purposely made available on the Platform for downloading, provided that You :
- do not remove any proprietary notice language in all copies of such documents,
- use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
- make no modifications to any such information, and
- do not make any additional representations or warranties relating to such documents.
5. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, SyedBawkherdoes not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
We may provide you alternation services (limited to alteration of length, alteration of the waist size) for the garments purchased by You from Us. This service shall be free of cost and no amount would be collected from You for such alteration. However, a nominal fee as mentioned by SyedBawkherat the time of creating the alteration request (inclusive of service tax) would be applicable as convenience charge towards pick up and drop of the garments or towards tailor visit (wherever applicable).
7. E-Platform for Communication:
You agree, understand and acknowledge that SyedBawkher is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time.
9. Trademark, Copyright and Restriction:
Platform is controlled and operated by SyedBawkher and products are sold by Syed Bawkher only. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on SyedBawkher is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other SyedBawkher or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
10. Limitation of Liability:
In no event shall SyedBawkher be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- the use or the inability to use the Services or Products
- unauthorized access to or alteration of the user’s transmissions or data
- any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. SyedBawkhershall not be held responsible for non-availability of the SyedBawkher during periodic maintenance operations or any unplanned suspension of access to the Syed Bawkher. The User understands and agrees that any material and/or data downloaded at SyedBawkher is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Syed Bawkher’s liability shall be limited to an amount equal to the Products purchased value bought by You. SyedBawkher shall not be liable for any dispute or disagreement between Users
SyedBawkher may suspend or terminate your use of the SyedBawkher or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until SyedBawkher chooses to terminate them.
If You or SyedBawkherterminates your use of the Platform or any Service, SyedBawkher may delete any content or other materials relating to your use of the Service and SyedBawkherwill have no liability to you or any third party for doing so. However, your transactions details may be preserved by SyedBawkher for purposes of tax or regulatory compliance.
If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead. SyedBawkher by sharing multiple address and phone numbers or transacting with malafide intentions then SyedBawkher reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
12. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented for sale in India as well as abroad. If purchase is made from any place other than India, then excess delivery/shipping charges may be applicable as prescribed.
13. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Chennai, Tamilnadu, India. The place of jurisdiction shall be exclusively in Chennai, India.
14. Contacting the Seller:
At Syed Bawkher, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. You may also reach out to customer support at 91 44 2811 2742 or access help center at https://www.syedbawkher.com/contact-us.html
15. Title to Products
Until Syed Bawkher receives full payment for an order and the order is shipped, title to the goods remains with Syed Bawkher. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).
(a) All prices found on Syed Bawkher’s site are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders. Additional Shipping charges for orders to any other country apart from India will be applicable. The additional price will be reflected at the checkout page.
(b) All prices shown are in Rupees and customers may pay only in Rupees.
(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction as decided and prompted by Syed Bawkher.