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This Terms of Use agreement was last updated on 05.01.2021. This is effective as on 22.07.2020.
This is a legal agreement between you, the potential user (“You”) and Subham Lifestyle Pvt. Ltd., its subsidiaries and its affiliates.
This platform is owned by subham lifestyle, a company incorporated under the Companies Act, 2013having its registered office at2nd Floor, Swagat Arcade, near Green Park, Bapa Sitaram Chowk, Mavdi Main Road, Rajkot, Gujarat, India.
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 MCPL 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.
All references to "You" or "User", as applicable, shall mean any natural or legal person that accesses, uses or agrees to become a buyer by registering on the Platform as Registered User in order to avail the Services. 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. Subham LifeStyle Pvt. Ltd., 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 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. If you use the Services 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.
You represent, acknowledge and warrant 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. 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.
You represent, acknowledge and warrant that you are an individual of legal age to form a binding contract. If not, you have received your parent’s or guardian’s consent to these Terms on your behalf, to use the Services. If your use of the Services is prohibited by applicable laws, then you are not authorised to use the Services. 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 your use or access of our Services or Platform is, in any manner, in contravention of applicable laws.
The Platform reserves the right to charge subscription and / or membership fee(s) in respect of any part or aspect of the Services, provided over the Platform, upon prior notice and also reserves the right to modify such charge(s)/ fee(s) from time to time towards existing and/ or newly introduced services, as the case may be. 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 Subscriptions are set to automatically renew, if applicable, unless and until you cancel the automatic renewal 7 days prior the next renewal date.
Further we enable online verification and authorization of payments through Payment services like: 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:
Certain links on the Site, including our other online platforms, lead to resources located on servers maintained by third parties over whom we have no control or connection with business or otherwise. You agree and understand that by visiting such external websites you are out of the Site and are no longer using the Services. We have not reviewed these external websites and are not responsible for their content or availability. You acknowledge that we are providing these links only as a matter of convenience. If You decide to access any of the third-party websites linked to the Services, you do so entirely at Your own risk. Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon. We, therefore, neither endorse nor offer any judgment or warranty nor accept any responsibility or liability for any damage, loss, or harm (direct or consequential) or any violation of local or international laws that may be incurred by your visit and/or transaction(s) on these websites. Any such loss or damage caused to you by accessing these linked external websites shall be entirely at your own responsibility.
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 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 the Services 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.
When You use the Services 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 and offers of products and services 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.
You shall not assign or transfer or purport to assign or transfer, either temporarily or permanently, your account details or this contract between you and us to any other person. You agree to accept that your account on the platform is non-transferable.
Exchange, return and/ or cancellation of your order paced on the Platform can be made, subject to certain conditions laid down under the respective National and International Return & Exchange Policy, located at Return, Exchange & Refund Policy. You are therefore requested to review the National Exchange & Return Policy and International Exchange & Return Policy, as applicable, based on your location of delivery.
To the fullest extent allowed by the law, you agree to defend, indemnify and hold MCPL and our affiliates 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 Services or the Platform (including third party use from your account ); (ii) violation of these Terms, privacy policy and other terms and conditions; and (iii) violation of any law, rules and regulations or rights (including infringement of intellectual property rights) of a third party.
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.
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.
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 of the platform or any service 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.
Any complaints or concerns or questions or queries or feedback with regards to content and or comment or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below in writing via post or through email signed with the electronic signature to subhamfashion@gmail.com :
Subham Lifestyle
2nd Floor, Swagat Arcade,
near Green Park, Bapa Sitaram Chowk,
Mavdi Main Road, Rajkot, Gujarat, India.
Customer Care No. 72030 72040 / 97278 25202
The Grievance related to any specific order needs to be placed by the same email id through which your account is registered on our platform and through which the order was placed. It should be clearly stated as to how the complainant is aggrieved by the content and or comment or breach of these terms or any other policies. The complaint must be signed by the complainant.
Our Customer Grievance Redressal Mechanism is designed in conformity with the Consumer Protection (E-Commerce) Rules, 2020 outlining the framework for addressing customer grievances.
We define a grievance as any deficiency or gap in goods/ services delivery towards the commitment provided to the customer.
Our Customer Grievance Redressal Mechanism is designed to encourage the speedy and efficient resolution of your issue at the first point of contact. While we always aim to provide you with the best shopping experience and adequate customer service, we understand that you may wish to express dissatisfaction towards our products or services or staff or policies or you may have any question/query/feedback.
You can contact our Customer Care Representative via subhamfashion@gmail.com which provides online resolution to your queries / complaints across channels including chat. You can also request for a call back for your concern/ query and we would be happy to reach out. If you wish to speak to our Customer Care Representative directly, please feel free to contact us at Customer Care No. 72030 72040 Our Customer Care Representative is authorised to resolve complaints and make best effort to bring fair and reasonable customer service decisions. We will address your concern/query within 4 (Four) days from receipt of your complaint by email.
If your concern/query is not addressed within the timeline of 4 (four) days or you are dissatisfied with the response/resolution from Step 1, you can reach out to our escalation desk via email at subhamfashion@gmail.com . We will respond to you within 3 (Three) days from receipt of your email.
If your query remains unresolved, you can escalate the matter to our Grievance Officer. You can contact our Grievance Officer at subhamfashion@gmail.com with the details of your interaction with the Grievance Officer. The Grievance Officer will respond within 3 (Three) days from the date of receipt of your email.
In a rare and unlikely event that your issue remains unresolved to your satisfaction despite escalating to our Grievance Officer, you can reach out to our Nodal Officer at subhamfashion@gmail.com with your complaint number and background. The Nodal Officer will review the dispute and/or dissatisfaction and will respond within 20 (Twenty) days from the date of receipt of your email.
The Grievance related to any specific order needs to be placed by the same email id through which your account is registered on our platform and through which the order was placed. It should be clearly stated as to how the complainant is aggrieved by the product or services. The complaint must be signed by the complainant.
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 services or the terms of use must be filed within one (1) year after such cause of action arose or be forever barred.
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.
The Terms of Use by ways of this Agreement and performance hereunder 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 these Services, shall be subject to the exclusive jurisdiction of the courts at Kolkata, India. The use of this Site, Platform or Services thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this Clause
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.
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