TERMS AND CONDITIONS


Company Name: Nika Online Pvt. Ltd. (Abayakart)


PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE" OR "TERMS & CONDITIONS") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY A NIKA ONLINE PVT. LTD. ("Abayakart"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.ABAYAKART.COM (THE "SITE") AND ALL SERVICES PROVIDED BY ABAYAKART ON THE SITE.

By using this site in any manner, including but not limited to visiting or browsing the site, you (the "user") agree to be bound by this agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This agreement applies to all users of the site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the site.


Definitions


'Condition' means all these terms and conditions:


'Contract' would mean the agreement incorporating these Conditions formed when You place an Order, and We confirm acceptance of the order.


'International' means countries that are other than India.


'Order' means an order placed by you via Abayakart.com for one or more products.


'Personal Information' means all and any information provided by You in an Order or while registering on any part of this website to include without limit Your name, address and card details.


'Product' means any product advertised or posted on this website;


'We/Us/Our' means Abayakart (Nika Online Pvt Ltd).


'Website' means abaykart.com and/or any other URL operated by Us;


'You/Your' means the user of this website.


USE OF THIS WEBSITE


Application of these Conditions


All these conditions apply to this website's use and are the terms and conditions on which we will supply any of our Products to You, and by proceeding further and/or placing an order, you agree to be bound by the Conditions. If You disagree to be bound by them, you should leave this website now.


When using the website, you accept that communication with us will be mainly electronic. We shall contact You by email or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication, and You acknowledge that all contracts, data, messages and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing.


GENERAL


BY ACCESSING OR USING THIS SITE, YOU UNCONDITIONALLY ACCEPT THESE TERMS OF USE (THE "TERMS OF USE"). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE, DELETE OR REVISE THESE TERMS OF USE. YOUR CONTINUED USE OF THE SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THOSE CHANGES.


You may use the site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy (the "Privacy Policy"). Once you complete and submit your registration, you have opted in to receive email communication from us. You may not use the site for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of Abayakart.com or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this site to: (a) transmit via or through the site any information, data, text, images, files, links, or software except in connection with your authorized use of this site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this site or an employee of Abayakart.com; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false email address; (g) tamper with or obtain access to this site or any component of this site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.


You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breaches of security.


USE RESTRICTIONS


You understand and accept that Abayakart.com (Abayakart Lifestyle Pvt Ltd) or its licensors own all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this site (collectively, 'Content'). You are expressly prohibited from using any Content without the express written consent of Abayakart.com or its licensors. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of Abayakart.com, and/or the appropriate licensor. You may not, without Abayakart.com 's express written permission, 'mirror' any material contained on this site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to destroy any downloaded and/or printed materials immediately. Any unauthorized use of any material contained on this site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.


USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Abayakart.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, 'Comments') shall be and remain Abayakart.com's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Abayakart.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Abayakart.com will own all such rights, titles and interests exclusively and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Abayakart.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the site will violate any third party's right, including copyright, trademark, privacy or other personal or proprietary rights (s). You further agree that no Comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Abayakart.com may use and/or disclose information about your demographics and use of the site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Abayakart.com may use your information for marketing and promotional purposes.


Abayakart.COM'S COMMUNICATIONS TO YOU:


You agree that Abayakart.com may send electronic mail to you to advise you of changes or additions to this site, about any of Abayakart.com's products or services, or for such other purpose(s) as Abayakart.com deems appropriate.


CONTENTS/PROMOTIONS:


Any contests or promotions described or posted on this site shall be governed by the rules regulating such events.


INTERNATIONAL USE:


We make no representation that information on this site is appropriate or available for use outside India. Those who choose to access this site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


RISK OF LOSS:


The items purchased from our site are shipped by a third-party carrier pursuant to a shipment contract. As a result, the risk of loss and title for such items pass to you upon our delivery to the carrier.


LINKS TO OTHER WEBSITES AND SERVICES:


To the extent that this site contains links to outside services and resources, the availability and content of which Abayakart.com does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Abayakart.com Affiliates


Abayakart.com is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. Abayakart.com reserves the right to void all service, return, and other policies for orders and Abayakart.com products purchased through unauthorized sellers. Abayakart.com is not responsible for any representations by unauthorized sellers. Copyright Infringement


The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under copyright law. If you believe that any materials on this site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send this site a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Please note that there are penalties for false claims under the DMCA. One or more patents may apply to this website.


Age:


Abayakart's services are available only to and may only be used by individuals who are 18 years and older who can form legally binding contracts under the region's applicable law. You represent and warrant that you are at least 18 years old and that all the information you submit on this website is accurate and truthful. Abayakart may, in its sole discretion, refuse to offer access to or use of the site to any person or entity and change its eligibility criteria at any time without notice. This provision is void where prohibited by law, and the right to access the site is revoked in such jurisdictions. If your age is under 18, you must use Abayakart's services only in conjunction with and under the supervision of a parent or legal guardian who is 18 years of age or older. In these cases, the adult shall be considered the user and responsible for any / all activities.


Account Information:


You must keep your account information up-to-date and accurate at all times, including a valid email address. You must make every effort to keep your password safe and not disclose it to any other person. You must not transfer or sell your User Name to any other person.


Abayakart's services shall not be available to temporarily or indefinitely suspended Abayakart members. Abayakart reserves the right, in Abayakart's sole discretion, to cancel unconfirmed or inactive accounts. Abayakart reserves the right to refuse service to anyone, for any reason, at any time.


Changes


We reserve the right to change these Conditions from time to time without notice to You. Changes will apply to any subsequent Orders received. It will be Your responsibility to check regularly to see if any changes have been made to these Conditions. We may modify or withdraw this website at any time without liability to You.


Queries


Please Contact Us if You have any questions relating to these Conditions or ordering the Products generally by using the contact us page.


Your Account


It is you who is responsible for maintaining the confidentiality of the password chosen for You when You register on the website and for restricting access to Your computer, mobile or any electronic device and/or email address to prevent unauthorised access to Your account.


Description and Availability


We take all possible and reasonable measures to ensure that details, measurements, and descriptions of all the products given on this website are as accurate and complete as possible, but there may be variations between these and the products themselves. All Products are subject to availability. In the event of non-availability of products, they will be cancelled from Your Order, and You shall receive a refund.


Price


The cost of Your Order will be the price of the Products ordered plus the appropriate delivery charge (if any) and COD charges (if applicable)


Due to circumstances beyond our control, prices may have to be altered. If this occurs, You will be notified and requested to reconfirm Your Order at the revised price.


We reserve the right to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product, the price of which was stated incorrectly on the website.


DATA Collection


When You visit our Website, We might collect data. Our third-party providers of advertisements and content may collect data or information about where you are on the internet (e.g., URL You came from, IP address, domain name types like .in and .com). Also, your browser type, the country and telephone area code, location of your device, the pages of this website that were viewed during Your visit, the advertisements You clicked on, and any search terms that You entered on our website ("User Information") can be recorded. The third-party and we may collect this User Information even if You do not register on this website. When You register or shop on this website, we will (where applicable) ask You to input, and We will collect Your Personal Information.


We shall treat all Your Personal Information (which includes any User Information from which we can identify You) as confidential (although We reserve the right to disclose this Personal Information in certain circumstances if the need arises.


Use


We use Your Personal Information, mainly for the following purposes only:


a) Processing Your Orders.


b) For statistical purposes to improve this website and its services to You.


c) To administer this website.


d) Other use by Us, to which You agree when asked on this website.


When You register on this website, we give you the option to receive newsletters and updates from Us by email and post, which We feel may be of interest to You.


You may unsubscribe from our contact list at any time by contacting Us or following the "unsubscribe" directions given in any email received. You can also amend Your account profile at any time by signing in and going to "Your account".


Please be aware that in case, We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide Your Personal Information and/or User Information; We are entitled to do so.


Cookies


An HTTP cookie (also called web cookie, Internet cookie, browser cookie, or only cookie) is a small piece of data stored on the user's computer by the web browser while browsing a website. Cookies were designed to be a reliable mechanism for websites to remember stateful information (such as items added in the shopping cart in an online store) or to record the user's browsing activity (including clicking particular buttons, logging in, or recording which pages were visited in the past). Our cookies do not contain any personally identifying information, but they do make Us enable to provide features such as personalization and to store items in Your Shopping Basket between visits. Most of the Web browsers automatically accept cookies, but You may opt to change Your browser to prevent that. Even without a cookie, You can still use most of the features on the website, including placing Products in Your shopping basket and purchasing them.


Delivery Locations


Sometimes our carriers cannot deliver to many of the PIN Codes, PO Boxes, airports, hospitals, and prisons. We will also, at our discretion, exclude delivery to any addresses which are considered to be insecure.


We should not be held liable for any parcels that are lost or stolen due to any specific delivery instructions left for the carrier or due to an incorrect address being provided by You.


Shipping Time


ALL deliveries shall be made between 10:00 AM and 07:00 PM Monday-Saturday (excluding Public/Bank Holidays).


Deliveries to some locations may take longer than expected.


International Delivery Services


Additional fees, taxes or levies may apply according to local legislation. Recipients of deliveries made outside India may have to pay import duty or formal customs entry fees. Any charges like customs or import duties are charged once the goods reach the destination country. These charges are Your responsibility and must be paid by you. Unfortunately, We have no control over these charges and cannot tell You the estimate for the same, as customs policies and import duties vary from country to country.


Also, some countries have import restrictions on specific products or materials. You are responsible for determining whether there are any restrictions on the delivery of Our products to Your selected destination. You can contact Your local customs office for assistance regarding these matters.


Local customs may delay delivery, but unfortunately, this is not in Our control.


International Purchases and Returns


Purchases from this Website is in India Rupees (INR).  Banks and international credit/debit card issuers will determine exchange rates and make additional charges, which You are liable to pay.


All orders are shipped from India. Any import duties and taxes payable will be charged once the parcel has reached the destination country. These charges must be paid by the recipient of the package. If You have any questions related to customs charges, please contact Your local customs office.


In case you want to return then returns to Us are at Your cost, and You should keep evidence of having sent the items, such as a certificate of posting. In any case, the items must be in their original condition.


Please check our return policy.


Cancellation


We usually avoid such situations, but if raised, please note that there may be some orders that we are unable to accept and must cancel. At our sole discretion, we reserve the right to refuse or cancel any order for any reason without any explanation. We may also ask for additional verifications or information before accepting any order. We may or may not try to contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If we cancel your order after your credit card has been charged, we shall reverse back the said amount in your Card Account.


The customer may only cancel the order within 24 hours of placing the order. Cancellations shall not be processed after 24 hours. Once you request the cancellation of item(s) in your order, it will take us a maximum of 4 business days to cancel the order and initiate a refund as per the refund policy. You will be notified of the same.





Revising Shipping Address


Please note that you cannot revise the shipping address after you place the order successfully.


Customer is not available at time of delivery.


If the courier company has made two or more attempts to deliver your package and you were not available to accept the parcel, then the courier company may abandon or destroy the shipment at their destination. In this case, we recommend you to contact the local courier office along with your tracking details provided by us for an alternate delivery instruction. Please note that once the courier company destroys or abandons your shipment, Abayakart will not be responsible for not fulfilling the order.


If you claim to avail refund in such a case, we will refund after we receive the returned shipment package only and subsequently a deduction of two-way return shipping charges will also be applied to you.


Cancellation of Fraudulent/Loss to business Orders


In order to provide a safe and secure shopping experience, we keep monitoring transactions for fraudulent activities. In case, we detect any suspicious activity, Abayakart.com reserves the right to cancel all past, pending and future orders without any liability. Abayakart.com also reserves the right to cancel or refuse orders in cases like inaccuracies in product pricing on the website and stock unavailability. Sometimes, we may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If we cancel your order, after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher or code used for the cancelled orders may not be refunded.


The customer may be considered fraudulent if any of the following scenarios are met:



Mispricings


Despite our best efforts, a small number of the many thousands of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.


Damage


We always try our best to deliver 100% good quality products, but in a rare case, it may happen sometimes product is delivered damaged. In such a case, we request you to send a photo to us within 24 hrs of the time of delivery. Without pictures sent in the given time, we will not be able to process the replacement. If the damage is approved by our team and a complaint is registered, we request you to kindly dispatch the product back to us within three working days. If a replacement is in stock with us, we will resend the same to you. In case of non-availability of the same product, you can request a refund or a coupon for future purchases. But the final decision is will be taken by the Abayakart team about a refund. The investigation may take 3-4 days for international deliveries.


Beads and Sequences Missing Or Damaged


We believe that customers who are ordering items with sequins and other beaded embroidery are aware that these shiny embellishments tend to come off. Even with the best of handling and care, we cannot avoid this altogether. During strict physical checking at the customs during transit, more than usual sequences and beads come off. Many a time, you may open a box and find some pieces falling on the floor. Or you wear the dress, and in a few hours, you might lose some of them. Do not panic or over-react because if you look with a magnifying glass at any such Abayas/Dresses worn by others, you will most certainly find some pieces missing or almost in a state of falling. You are deemed to have accepted the terms and conditions. Abayakart.com reserves the right to time modify the Terms & Conditions of Use of the site without any prior notification to you.


Color & Description Disclaimer


The description of the products or product specifications (for example, weight, colour, embroidery, handwork details, size, etc.) quoted with the product displays are only approximate values. While every endeavour has been made to mark colours accurately, there may be minor variations in the colour of the actual product because of the nature of fabric dyes or differences in display output due to lighting and digital photography and colour settings and capabilities of monitors. A customer must place an order keeping in mind this variation in colour as seen on your mobile or computer screen against the actual colour of the outfit received. It is practically impossible for us to replicate the same colours on an outfit as seen on your monitor. A variation in the colour selected by you is considered as a standard practice as these garments have a tendency to reflect different shades of a colour under different lights and weather, type of camera used for photography or type and settings on the device monitor. We wish to clarify and ascertain that every customer who orders any outfit from Abayakart.com is aware of this genuine problem.


Process for Pilferage Claim



Intellectual Property


You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this website shall remain at all times vested in Us. Abayakart is a registered trademark owned by Us.


Events Outside Our Control


We shall not be responsible or liable for any failure to perform or delay in performance of, any of Our obligations under this contract that is caused by events outside Our reasonable control ("Force Majeure Event").


A Force Majeure is an event for which no party can be held accountable. Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following: -


  1. Strikes, Lock-outs or other industrial action which has not been announced publicly.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  3. Heavy Fire, storm, explosion, flood, earthquake, subsidence, epidemic or other natural disasters.
  4. Impossibility of the use of roadways, railways, shipping, aircraft, motor transport or other means of public or private transport.
  5. Impossibility of the use of public or private telecommunications networks.
  6. The acts, decrees, legislation, regulations, or restrictions of any government.


Our performance under the contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the contract may be performed despite the Force Majeure Event.


Promotions


During specific periods, we may have more than one promotion running.  Some promotions may or may not be combined nor can be used alongside our free shipping promotion. In this situation, the promotion which provides the most discount for You will take precedence, and shall be applied to Your cart.


If You have any queries or questions as to how our promotions work or which promotion will apply, please email us at [email protected]


Buying


By purchasing an item, you agree to be bound by the conditions of sale included in the item's long description, provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. We shall not be held responsible for the side effects, you might endure by using the products sold on our website. Abayakart takes all steps to ensure that the product/seller is genuine but cannot guarantee the quality, safety or legality of any aspect of the items listed or the listings' accuracy.


Cancellation


Abayakart reserves the right to change or cancel this User Agreement at any time and for any reason with a notice period of 7 days. Suspended users are not permitted to use Abayakart.com and to create a new user account. You can cancel the User Agreement at any time in writing to 19/349-A-15, City Complex, New Bus Stand, Vadakara, Kozhikode, Kerala 673101 or to [email protected]


Liability & Warranty:


IN NO EVENT SHALL ABAYAKART, AND (AS APPLICABLE) ABAYAKART'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ABAYAKART'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ABAYAKART 'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ABAYAKART'S LIABILITY AND (AS APPLICABLE) THE LIABILITY OF ABAYAKART'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ABAYAKART IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) INR1000. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Abayakart is not liable for contracts formed between users of Abayakart.com. Abayakart is not liable for information on Abayakart.com provided by its users. We claim no intellectual property rights over the material provided by users of Abayakart.com.


No Guarantee:


Abayakart does not guarantee continuous, uninterrupted access to the site, and operation of the site may be interfered with by numerous factors outside Abayakart control.


Indemnity:


YOU AGREE TO INDEMNIFY AND HOLD ABAYAKART AND (AS APPLICABLE) ABAYAKART'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.


Notices


Except as explicitly stated otherwise, any notices to Abayakart shall be given by certified mail, postage prepaid and return receipt requested to Nika Online Pvt. Ltd., 19/349-A-15, City Complex, New Bus Stand, Vadakara, Kozhikode, Kerala, 673101, and any notices to you shall be given to you via the email address you provide to Abayakart.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Abayakart.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.


DISCLAIMER


THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT Abayakart.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. INACCURACY DISCLAIMER


From time to time, there may be information on Abayakart.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Abayakart.com is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or the Site, including any injury or damage to Member's or other person's computer related to or resulting from participation on or through the site. Indemnification


By using this site, you agree to indemnify, hold harmless, and defend Abayakart.com, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without limitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (i) your use or misuse of the site; (ii) a dispute with a Member; (iii) your breach of the Terms of Use; (iv) your violation of any law or the rights of a third party; or (v) your Member Content. You agree to cooperate as fully as reasonably required in defence of any claim. Abayakart.com reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Abayakart.com Indemnitees.


Limitation of Liability


IN NO EVENT SHALL Abayakart.COM, INC., ITS PARENT, SUBSIDIARIES, DIVISIONS, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY Abayakart.COM, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Abayakart.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Abayakart.COM, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO Abayakart.COM IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Abayakart.COM, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF Abayakart.COM. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the site. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply, and liability will be limited to the fullest extent permitted by applicable law


Unavailability of Site; Termination; Fraud


This agreement is effective unless and until terminated by Muushkiya.com (Abayakart Lifestyle Pvt Ltd) or You. Abayakart.com or you reserve the right to terminate this agreement at any time.


Abayakart.com may terminate this agreement without serving any notice, and accordingly, deny you access to this site, if, in Abayakart.com's sole discretion, you fail to comply with any term or provision of this agreement.


Abayakart.com reserves the right to alter, suspend, or discontinue this site in whole or in part, at any time and for any reason, without serving any notice or cost. In addition, the site may be temporarily unavailable from time to time for maintenance or other reasons.




This agreement is effective unless and until terminated by either you or Abayakart.com. You may terminate this agreement at any time. Abayakart.com also may terminate this agreement at any time and may do so immediately without notice, and accordingly, deny you access to the site if in Abayakart.com's sole discretion you fail to comply with any term or provision of this agreement. We may alter, suspend, or discontinue this site in whole or in part, at any time and for any reason, without notice or cost. Also, the site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the site or your account or membership for any reason, including without limitation, breach of these Terms of Use. If Upon any termination of this agreement by either you or Abayakart.com, you must promptly destroy all materials, downloaded or otherwise, obtained from this site, as well as all copies of such materials, whether made under the terms of this agreement or otherwise. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.