Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using our Website (“www.sitch.shop”) (“Sitch”) and our services, you agree to comply with and be bound by these Terms of Service.
Last Updated: 28/08/2018
Thank you for using the Sitch Platform for your fashion needs!
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Sitch (the contracting entity being “Sitch Curations Pvt. Ltd, having its registered office at 48, Basant Lok, Vasant Vihar, New Delhi”), which governs your access to and use of our Website including our mobile, tablet and other smart device applications and all associated services (collectively, “Services”). The Website, the applications and the Services are hereinafter collectively called the “Sitch Platform”.
1. The Sitch Platform makes available information relating to clothes, accessories and related services such as styling etc. curated especially for the Sitch Platform and the users of the Sitch Platform. The Sitch Platform also provides the facility to choose and buy the products and services that are available on the Sitch Platform.
2. To promote the Sitch Platform other member content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. The Sitch Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Sitch is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Sitch of such Third-Party Services.
3. Due to the nature of the Internet, Sitch cannot guarantee the continuous and uninterrupted availability and accessibility of the Sitch Platform. Sitch may restrict the availability of the Sitch Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Sitch Platform. Sitch may improve, enhance and modify the Sitch Platform and introduce new services from time to time.
4. Sitch may make access to and use of the Sitch Platform, or certain areas or features of the Sitch Platform, subject to certain conditions or requirements, such as completing a verification process, or a your booking and cancellation history.
5. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of an user’s identity.
6. The access to or use of certain areas and features of the Sitch Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Sitch Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
7. Sitch reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Sitch Platform and update the “Last Updated” date at the top of these Terms. You understand and agree that your continued access to or use of the Sitch Platform will constitute acceptance of the revised Terms.
8. You must register an account (“Sitch Account“) to access and use certain features of the Sitch Platform, such as for purchasing a product and/or service from the Sitch Platform. You can register a Sitch Account using an email address and creating a password. You must provide accurate, current and complete information during the registration process.
9. You are responsible for maintaining the confidentiality and security of your Sitch Account credentials and may not disclose your credentials to any third party. You are liable for any and all activities conducted through your Sitch Account.
10. Purchase and Delivery of Products: You may use your Sitch Account for purchasing the products /services available at the Sitch Platform. The delivery time of the product/service shall be stated at product/service and page. Sitch shall endeavor to stick to the delivery timelines as stated on the Sitch Platform.
11. You acknowledge and agree that the Sitch Platform and Sitch Content, including all associated intellectual property rights, are the exclusive property of Sitch and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sitch Platform. All trademarks, service marks, logos, trade names, and any other source identifiers of Sitch used on or in connection with the Sitch Platform and Sitch Content are trademarks or registered trademarks of Sitch. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Sitch Platform are used for identification purposes only and may be the property of their respective owners.
12. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Sitch Platform. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sitch or its licensors, except for the licenses and rights expressly granted in these Terms.
13. Unless specified otherwise, all orders and purchases from the Sitch Platform shall be pre-paid orders. Any clothes that may have to be altered and/or made with order shall take a minimum time of 15 working days (excluding Saturday, Sunday and any other public/ bank holidays).
14. Upon receipt of a booking confirmation from Sitch, a legally binding agreement is formed between you and Sitch, subject to any additional terms and conditions that apply, including in particular the applicable cancellation policy and any rules.
15. Sitch has tied up with Paytm for facilitating the online payment facility available on the Sitch Platform. Upon purchasing the products and/or services from Sitch Platform, You shall be bound by the terms and conditions of the payment gateway in addition to the terms stated herein.
16. Return, Refund and Cancellation: Return, refunds and cancellation pertaining to the orders shall be as per the “Sitch Return, Refund and Cancellation Policy”.
17. You as an user, you can leave a public review (“Review”) and submit a star rating (“Rating”) about your experience of the Sitch Platform. Ratings and Reviews are not verified by Sitch for accuracy and may be incorrect or misleading. Ratings and Reviews however must be as accurate and may not contain any offensive or defamatory language.
18. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Sitch Platform. In connection with your use of the Sitch Platform, you will not and will not assist or enable others to:
- Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Conditions;
- Use, display, mirror or frame the Sitch Platform or any individual element within the Sitch Platform, Sitch’s name, any Sitch trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Sitch Platform, without Sitch’s express written consent;
- Dilute, tarnish or otherwise harm the Sitch brand in any way, including through unauthorized use, registering and/or using Sitch or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Sitch domains, trademarks, taglines, or promotional campaigns;
- Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Sitch Platform for any purpose;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Sitch or any of Sitch’s providers or any other third party to protect the Sitch Platform;
- Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Sitch Platform;
- Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
19. Sitch may immediately, without notice, terminate this Agreement and/or stop providing access to the Sitch Platform if (i) you have materially breached your obligations under these Terms, the payments terms, our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Sitch believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sitch and its guests.
20. If you choose to use the Sitch Platform, you do so voluntarily and at your sole risk. The Sitch Platform is provided “as is”, without warranty of any kind, either express or implied.
21. If we choose to conduct identity verification or background checks on any user, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a guest or guarantee that a guest will not engage in misconduct in the future.
22. You assume full responsibility for the choices you make before, during and after your use of the Sitch Platform.
23. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
24. Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Sitch Platform, your publishing or booking of any products and/or services via the Sitch Platform or any other interaction you have with Sitch personnel whether in person or online remains with you. Neither Sitch nor any other party involved in creating, producing, or delivering the Sitch Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, and (ii) from the use of or inability to use the Sitch Platform. Except for our obligations to pay amounts applicable pursuant to these Terms, in no event will Sitch’s aggregate liability arising out of or in connection with these Terms and your use of the Sitch Platform including, but not limited to, your booking of any Sitch Property via the Sitch Platform, or from the use of or inability to use the Sitch Platform, exceed the amounts you have paid or owe for bookings via the Sitch Platform as a guest for the relevant booking.
25. You agree to release, defend (at Sitch’s option), indemnify, and hold Sitch and its affiliates and subsidiaries, including but not limited to, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the Sitch Platform, or (iii) your breach of any laws, regulations or third party rights.
26. You and Sitch mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Sitch Platform, (collectively, “Disputes”) will be settled by arbitration. The Arbitration shall be carried out under the Arbitration and Conciliation Act, 1996 (as applicable in India and as amended from time to time).
27. You and Sitch each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of Sitch’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
28. These terms shall be governed by the laws of India, and the courts in New Delhi shall have the exclusive jurisdiction over the matters pertaining to these Terms.
29. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Sitch Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Sitch Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
30. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Sitch and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Sitch and you in relation to the access to and use of the Sitch Platform.
31. No joint venture, partnership, employment, or agency relationship exists between you and Sitch as a result of this Agreement or your use of the Sitch Platform.
32. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
33. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
34. Sitch’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
35. If you have any questions about these Terms please email us at firstname.lastname@example.org