Terms and Conditions

TERMS OF USE

 

Welcome to Wear Equal. 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 Wear Equal marketplace platform - www.WeWearEqual.com (hereinafter referred to as "Platform")
Your use of the Wear Equal and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Wear Equal including the applicable policies which are incorporated herein by way of reference. By mere use of the Wear Equal, You shall be contracting with Banasree Sustainables, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Wear Equal.
 
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 "Wear Equal","We","Us","Our" shall mean Banasree Sustainables 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), 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 Wear Equal Policies including but not limited to Privacy Policy as amended from time to time.
 
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 Wear Equal of any unauthorized use / breach of your password or account and
  • ensure that you exit from your account at the end of each session.

2. Services Offered:

Wear Equal provides a number of Internet-based services through the Platform. One such Service enables Users to purchase clothing and accessories (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, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.

Wear Equal does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
 
 
3. Platform for Transaction and Communication:
 
The Users utilize the Platform for their transactions on purchase of Wear Equal Product(s). Henceforward:
 
  • 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. Wear Equal 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.
  • Wear Equal 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.
  • Wear Equal 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 may be incorrectly reflected and in such an event Wear Equal may cancel such your order(s).
  • You release and indemnify Wear Equal 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 Wear Equal and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Wear Equal cannot take responsibility or control the information provided by other Users which is made available on the Platform.
 
4. 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 to
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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 libellous
  • 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, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission 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 Wear Equal
• 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 seeks to return the 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 Wear Equal
• User with a very high cancellation rate
• Repeated request for monetary compensation for fake/used order
 
Wear Equal 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 Wear Equal:
 
• 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 Wear Equal.
 
• You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Wear Equal 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 Wear Equal 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 thereunder 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 purchase, solicitation of purchase 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.
 
• 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 Wear Equal views. In no event shall Wear Equal 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 libellous, tortious, or otherwise unlawful information.
 
• Wear Equal hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Wear Equal No Return & Exchange Policy mentions that there is no option to return or exchange items purchased on Wear Equal and correspondingly no such return/exchange period. In case of return of the purchased item, please refer to this "No Return & Exchange Policy" on our Wear Equal.
 
5. Contents Posted on Platform:
 
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), along with third party user generated content is in complete control of Wear Equal. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

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.