Agunik Terms of Use

Welcome to Agunik Apparel.This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Sisterhood marketplace – www.sisterhoodin (hereinafter referred to as “Platform”)

The Platform is owned by Agunik Apparels Private Limited, having its registered office at C-53, Sector 4, Noida, Uttar Pradesh – 201301

Your use of the Sisterhood and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Sisterhood including the applicable policies which are incorporated herein by way of reference. By mere use of the Sisterhood, You shall be contracting with Agunik Apparels Private Limited, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Sisterhood.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “Sisterhood”,”We”,”Us”,”Our” shall mean Agunik Apparels Private Limited and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Sisterhood Policies including but not limited to Privacy Policy as amended from time to time.

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 or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block Your access on the Platform.

If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or we may suspend Your account without any liability to Sisterhood, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

In the event of a device being associated with multiple logins or sign ups, as a measure to enhance customer’s security and privacy as well as safeguarding your sensitive information for any potential risks, Sisterhood sometimes consider moderating users and their association with devices while using the Sisterhood app or website.

Your mobile phone number is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through an OTP verification. You agree that Sisterhood shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform. You agree to immediately notify Sisterhood of any unauthorized use/breach of your password or account.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information, You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

If You have not accessed Platform for a period of 3 (three) Years, Your data (including transactional data) will be deleted from Our record and You will not be able to access such data.

Platform for Transaction and Communication

The Users utilize to meet and interact with one another for their transactions on the Platform. Sisterhood is not and cannot be a party to or control in any manner any transaction between the Sisterhood’s Users. Henceforward:

• All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Sisterhood does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
• Sisterhood does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
• Sisterhood is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Sisterhood cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
• At no time shall Sisterhood hold any right, title or interest over the products nor shall Sisterhood have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
• The Sisterhood is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Sisterhood is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Sisterhood hold any any right, title or interest over the products nor shall Sisterhood have any obligations or liabilities in respect of such contract. Sisterhood is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
• Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
• You release and indemnify Sisterhood and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Sisterhood and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Sisterhood cannot take responsibility or control the information provided by other Users which is made available on the Platform.

Limitation of Liability

In no event shall Sisterhood 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
• breach of condition, representations or warranties by the manufacturer of the Products
• 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. Sisterhood shall not be held responsible for non-availability of the Sisterhood during periodic maintenance operations or any unplanned suspension of access to the Sisterhood. The User understands and agrees that any material and/or data downloaded at Sisterhood 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, Sisterhood’s liability shall be limited to an amount equal to the Products purchased value bought by You. Sisterhood shall not be liable for any dispute or disagreement between Users