This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as
applicable and the provisions pertaining to electronic records in various statutes as amended by the said IT
Act. This electronic record is generated by a computer system and does not require any physical or digital
signatures.
This document is published in accordance with the provisions of Rule 3(1) of the Information Technology
(Intermediaries Guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and
terms & conditions for access or usage of the platform.
The words "User/user", "Customer/customer" "You/you" and "Your/your" refer to the person(s) who use and avail
the Services of ft.you through the Platform and shall include both singular and plural.
General browsing or any other services available on the Platform shall be subject to this General Terms and
Conditions below, unless otherwise specified herein.
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GENERAL TERMS & CONDITIONS
Subject to the foregoing, these General Terms and Conditions ("T&C") govern
your access and use of the Platform for general browsing or any other services available on the Platform.
Please read the Terms & Conditions and Privacy Policy carefully before registering on the Platform or
accessing any material information through the Platform. By accessing or using any part of the Platform, you
agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions,
then YOU MAY NOT ACCESS THE PLATFORM OR USE ANY SERVICES PROVIDED BY FT.YOU. These
General Terms and Conditions form a legal and binding agreement between you and ft.you and is made pursuant
to the terms of the Information Technology Act, 2000.
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ELIGIBILITY
You represent and warrant that you are:
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at least 18 years old and in case you are acting as a guardian on behalf of a minor, you have the
necessary authority to register/ sign up on the Platform for availing the Services on behalf of the
minor;
- qualified to enter into a legally binding contract, enforceable under the Indian law, including but not
limited to the Indian Contract Act, 1872;
- not suspended or removed from using ft.you’s Services and/or the Platform or any part thereof,
previously.
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YOUR ACCOUNT
If you wish to use or browse through the Platform, you are required to maintain an account on the
Platform ("Account") and you will be required to furnish certain information and
details, including your name, email id, contact number, financial information, and any other information
asked directly on the platform.
You further understand that you are responsible for maintaining the confidentiality and security of your
Account including log-in details and password. You agree and accept that you are solely responsible for all
activities that occur through your Account. You shall take all necessary steps to ensure that your password
on the platform or any other devices from which the platform can be accessed is kept confidential and
secured and you shall inform ft.you immediately if you have any reason to believe that your password has
become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized
manner.
Please ensure that the details You provide us are true, correct, accurate and complete. Upon the Company
gaining knowledge of having any reasonable suspicion that the information provided by You is wrong,
inaccurate or incorrect, the Company shall immediately terminate Your account without any notice to You in
this regard. In the event of any changes to the information shared by You after registering Yourself on the
Platform, you shall be responsible for forthwith notifying the said changes to Us. You can access and update
most of the information You provided us on the ‘dashboard’ area of Your account after You log-in
or by writing to us at support@candstechnologies.com. The
right to use this Platform is personal to the User and is not transferable to any other person or entity.
You also warrant that providing such details and information on the Platform or sharing of the aforesaid
details/information shall not violate any third-party rights or the intellectual property of any third
party. You further represent and warrant that at the time of making any new Account, you do not currently
have an existing account on the Platform.
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PLATFORM SERVICES
Ft.you is a digital platform on which customers can order customized outfits as per their clothing
requirements. The platform enables the local market players like tailors, boutiques, cloth stores and other
vendors (referred to as "Partners") working in the clothing sector to cater to the
specialised needs of these customers with everything delivered at their doorstep with the help of third
party courier service providers. ft.you’s website is available at ftdotyou.com & ftdotyou.in
(referred to as "Website" or "Platform").
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PRICES AND PAYMENT
- The price is provided on the Platform on an ‘as is’ basis and all prices for the products on
this Platform are subject to change without notice. However, while purchasing a product/service, the price
prevailing at the commencement of placing the order will apply.
- Company will not, at any point of time during any transaction between You and the Partner come into or
take possession of any of such products offered by such Partner, nor does it, at any point, gain title to
or have any rights or claims over the products offered by such Partners.
- Even if the Platform is provided on a ‘no charge’ basis for a period of time, the Company
shall have the right to charge such subscription fees as it determines in its sole discretion from time to
time without any prior notice.
- The Company will employ the use of third party services for the purpose of facilitating payment and the
completion of Purchases. By submitting your information, you grant us the right to provide the information
to these third parties subject to our Privacy Policy.
- All payments shall be made by credit card, debit card, or such other method as the Company may specify
from time to time.
- The prices of all the products on the Platform are excluding taxes. The amount of tax will be charged as
per the laws of India.
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USE OF THE PLATFORM
By accessing and exploiting the services offered by the website/platform You take whole and sole
responsibility for any acts/action done on this website/platform (or any part thereof):
- You shall not use the Platform otherwise than as an end user. You shall always comply with all
applicable laws in Your use of the Platform.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the
Platform or features that prevent or restrict use or copying of any content or enforce limitations on use
of the Platform or the content therein.
- Ft.you shall not be responsible for any delay or failure in processing any transaction or any request
whatsoever resulting from infrastructure issues like server downtime, network unavailability, connectivity
issues, etc.
- You shall notify ft.you in the manner provided hereunder of any change in your situation and/or personal
information and/or profile and ft.you would rely on the most recent information provided by you.
- Ft.you has the sole authority and right to reject your request to open an account with ft.you. Ft.you
may at its discretion choose to disclose or not disclose the reason for not opening such an account.
ft.you may also reject / suspend / freeze your request to open or operate your account on directions
received from regulatory or government bodies and statutory authorities.
- You hereby consent to record your telephonic conversations with the customer support department of
ft.you (managed by itself or through any outsourced vendor) for quality control, record retention
purposes, and other similar purposes.
- You hereby declare that the transactions made through the ft.you Platform shall be through money
acquired through your own legitimate source/ bank account only and the said transactions do not contravene
any act, rules, regulations, notifications or directives of the provisions of the Income Tax Act, Anti
Money Laundering laws, Anti-Corruption Laws and all other applicable laws from time to time.
- The Platform is controlled and offered by the Company from its facilities in India. If You are a user
outside India, please take note the Company is subject only to Indian law and only to the jurisdiction of
Indian courts. The Company makes no representations that the Platform is appropriate or available for use
in other locations. Therefore, if you are a user outside India, you may use the Platform solely at your
own discretion and at your own risk. You shall be solely responsible for compliance with the local laws.
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PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using
the Platform:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- in a manner so as to violate any international, federal, provincial or state regulations, rules, laws,
or local ordinances in India;
- in a manner so as to infringe upon or violate ft.you’s intellectual property rights or the
intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability, etc.;
- to submit or create false or misleading information;
- to upload or transmit spam, viruses, or any other type of malicious code that will or may be used in any
way to adversely affect the functionality or operation of the Service or Platform or any related website,
other websites, or the Internet;
- to harvest or collect any information of the users of the Platform, including but not limited to using
any robot, spider, site search or retrieval application, phishing, or other manual or automatic device or
process to retrieve, index or mine data;
- to attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or
networks connected to the Platform, to any of the Company’s server, or through the Platform, by
hacking, password mining or any other illegitimate means;
- to probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor
breach the security or authentication measures on the Platform or any network connected to the Platform;
- to falsify or delete any author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a file that is uploaded;
- to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information or software obtained from the Platform;
- for any obscene or immoral purpose which also includes any content uploaded by the user or the admin of
the Platform which may include using of the designs/photographs uploaded on the Platform;
- violate any applicable laws or regulations for the time being in force within or outside India or
anyone’s right to privacy or personality;
- violate the Terms and Conditions contained herein or terms and conditions provided elsewhere which may
be modified from time to time;
- to interfere with or circumvent the security features of the Service or Platform or any related website,
other websites, or the Internet; or
- shall not use ft.you’s and/or its group, affiliates and subsidiary companies’ registration
details, and/or any certificates and/or any general details thereby inducing public at large to conduct
business, trading activities with you. Additionally, you shall ensure that you shall not undertake any
selling/advisory activities or carry out any transactions and/or mis-sell the products/services offered by
you in the secondary market under the name and title of ft.you, its affiliates, group and subsidiary
companies.
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LICENSE BY FT.YOU
- All intellectual property in or of the Platform belongs to or is licensed to ft.you or its group,
affiliate
and subsidiary companies. ft.you grants you a limited, non-transferrable, non-exclusive and revocable
license
to access and use the Platform or any part thereof for availing the Services, but not to download any
material
from it (other than page caching) or modify it, or any portion of it for commercial use. Any unauthorized
access to the Platform (or any part thereof) or any networks, servers or computer systems connected to the
Platform and any attempt to modify, adapt, translate or reverse engineer any part of the Platform or
re-format
or frame any portion of the pages of the Platform is not permitted without ft.you’s express written
consent.
- This license is non-transferable and does not permit any resale or commercial use of this Platform or
its
contents; any downloading or copying of account information for the benefit of anyone other than Your use;
or
any use of data mining, robots, or similar data gathering and extraction tools. The Platform or any
portion of
the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary
information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise
exploited for any commercial purpose without express written consent of the Company and / or its
affiliates,
as may be applicable. Any unauthorized use of the Platform shall terminate the permission or revoke the
license granted by the Company and the Company shall have the right to seek legal recourse available to it
under applicable laws.
- The Platform or any portion of the Platform (including but not limited to any copyrighted material,
trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold,
visited, distributed or otherwise exploited for any commercial purpose without express written consent of
ft.you, as may be applicable. Any unauthorized use of the Platform shall terminate the permission or
revoke
the license granted by ft.you herein.
- Further, you understand and accept that all information, except your personal information and other data
submitted by you for the purposes of transacting on the Platform, through the Platform shall be deemed to
be
the property of ft.you, and ft.you and/or its group, affiliate and subsidiary companies shall be free to
use
any ideas, concepts, know-how or techniques provided by you on the Platform, in any manner whatsoever.
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THIRD PARTY MATERIAL AND SERVICES
- Ft.you may provide you links to third party services ("Third Party Services") and
may display, include or make available content, data, information, applications or materials from third
parties ("Third Party Materials"). You acknowledge and agree that ft.you is
providing
the Third Party Materials on an "as is" basis and is not responsible for examining or evaluating the
content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or
any other aspect of such Third Party Materials or Third-Party Services. Ft.you does not warrant or endorse
and does not assume and will not have any liability or responsibility to you or any other person for any
third-party services, third party materials or web sites, or for any other materials, products, or
services
of third parties.
- Ft.you urges you to read the terms & conditions of the respective Third Party Services, before
accessing or registering with any of such third-party sites. Further, ft.you does not make any warranties
and expressly disclaims all warranties express or implied, including without limitation, those of
merchantability and fitness for a particular purpose, title or non-infringement with respect to any
information or services or products that are available or advertised or sold through these third-party
websites.
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LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
- To the maximum extent permitted by law, ft.you, its affiliate, group and subsidiary companies,
officers, directors, employees or any related party disclaim any liability to you or to any third party
for any indirect, incidental, special or consequential damages, including without limitation to loss of
investments, revenue or profits or any other pecuniary or non-pecuniary loss or damage of any nature
whatsoever, howsoever arising. To the maximum extent permitted under law, you waive, release, discharge
and hold harmless ft.you, its affiliate, group and subsidiary companies, and each of their directors,
officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and
causes of action arising out of your use of the Platform and/or Services.
- You expressly understand and agree that, to the maximum extent permitted by applicable law, the
Platform and its content are provided by ft.you on an "as is" basis without any warranty of any kind,
express, implied, statutory or otherwise, including the implied warranties of title, non-infringement,
merchantability or fitness for a particular purpose. Without limiting the foregoing, ft.you and its
group, affiliate and subsidiary companies make no warranty that (i) the Platform or Platform Services
will meet your requirements, or your use of the Platform will be uninterrupted, timely, secure or
error-free; (ii) the results obtained from the use of the Platform will be effective, accurate or
reliable; (iii) any errors or defects in the Platform will be corrected. No advice or information,
whether oral or written, obtained by you from ft.you and/or its group, affiliate and subsidiary
companies shall create any warranty not expressly stated in these Terms & Conditions; (iv) the
quality of any products, services, information, or other material purchased or obtained by you through
the service will meet your expectations, or (v) any errors in the technology will be corrected and you
are solely responsible for any damage to your computer system or loss of data that results from the
download of any such material. no advice or information, whether oral or written, obtained by you from
the company through or from the service will create any warranty not expressly stated in these terms
- Ft.you has endeavoured to ensure that all the information on the Platform is correct, but the Company
neither warrants nor makes any representations regarding the quality, accuracy or completeness of any
data, information regarding the Platform Services or otherwise. Ft.you and/or its group, affiliate and
subsidiary companies shall not be responsible for the delay or inability to use the Platform or related
functionalities, the provision of or failure to provide functionalities, or for any information,
software, functionalities and related graphics obtained through the Platform, or otherwise arising out
of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.
Further, ft.you and/or its group, affiliate and subsidiary companies shall not be held responsible for
non-availability of the Platform during periodic maintenance operations or any unplanned suspension of
access to the Platform that may occur due to technical reasons or for any reason beyond its control. You
understand and agree that any material or data downloaded or otherwise obtained through the Platform is
done entirely at your own discretion and risk, and that you will be solely responsible for any damage to
your computer systems or loss of data that results from the download of such material or data.
- Please note that Platform Services are not available in all geographical areas and depending on your
location, you may not be eligible to avail certain Platform Services offered by ft.you and/or its group,
affiliate and subsidiary companies. Ft.you and/or its group, affiliate and subsidiary companies reserve
the absolute right to determine the availability and eligibility for any of the Platform Service offered
on the Platform.
- The Colour of the product that you receive may vary from what you see on the Platform. ft.you does not
guarantee that the colour of the product that you see on the Platform and receive will be exactly the
same and there may be variations and ft.you is not responsible for the same.
- Ft.you is not responsible for the damage caused to the product during the opening of the package by
the customer. We would require you to take a video of you unpacking the package as it will act as strong
evidence in case a dispute arises in the future.
- Although ft.you strives to take all possible efforts to cater to the needs of the customer, ft.you
does not guarantee that the customer will like their products.
- Ft.you is not responsible for the quality of the products and services offered on the Platform. It is
the sole responsibility of the Partners to ensure that they maintain the highest quality levels of the
products and services offered by them as per the prevailing market standards.
- We may provide refunds as per our refund policy which will be borne by the Partner only. Only in cases
where there is no scope for rectification or alteration of the product, refund will be provided and the
same amount would be borne by the Partner.
- It is the responsibility of the Partners to update the status of availability of the product from
their end. Therefore, ft.you cannot be held responsible with respect to issues pertaining to the status
of availability of the products. In case, the customer completes the payment for such an out of stock
product regardless of whether shown in the Platform as available or unavailable, the final amount of
that particular product will be refunded to the customer.
- Ft.you is a marketplace e-commerce entity and we only provide the information technology platform to
facilitate the transactions between the Customers and the Partners. Ft.you is not liable for any acts /
actions or omissions of the Partners.
- It is deemed that the User upon using the Platform of Ft.you is aware about the Cancellation Policy
and consents to the same.
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INDEMNITY
You agree to indemnify, save, and hold the Company, its affiliates, contractors, employees, officers,
directors, agents and its third party associates, licensors, and partners harmless from any and all claims,
demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and
expenses, arising out of or related to Your use or misuse of the services or of the Platform, or acts /
actions or omissions of the Partners, any violation by You of these Terms & Conditions, or any breach of
the representations, warranties, and covenants made by You herein or Your infringement of any intellectual
property or other right of any person or entity, or as a result of any threatening, libellous, obscene,
harassing or offensive material posted/ transmitted by You on the Platform. The Company reserves the right,
at Your expense, to assume the exclusive defense and control of any matter for which You are required to
indemnify the Company, including rights to settle, and You agree to cooperate with the Company’s
defense and settlement of these claims. The Company will use reasonable efforts to notify You of any claim,
action, or proceeding brought by a third party that is subject to the foregoing indemnification upon
becoming aware of it. This paragraph shall survive termination of this Terms & Conditions.
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AMENDMENT
Ft.you reserves the right to change, modify, add, or remove portions of any terms and conditions including
this T&C, specific terms and conditions applicable to each business vertical, privacy policy and
disclaimers displayed on our Platform from time to time without any prior notice except when such prior
notice is mandated by the applicable laws of India ("Terms"). The revised Terms with
the changes shall be made available on the Platform. You are requested to regularly visit the Platform to
view the most current version of the Terms. While we will endeavour to notify you, it is your responsibility
to check the Terms periodically for changes. You can determine when these Terms were last revised by
referring to ‘Last Updated’ at the top of the Terms & Conditions. The changes will become
effective and shall be deemed accepted by you and shall apply immediately on a going-forward basis with
respect to your continued use of the Platform or availing the Services or when a payment transaction is
initiated by you through the Platform after the posting date. If you do not agree with any such change, your
sole and exclusive remedy is to terminate your use of the Platform and the Service. For certain changes,
ft.you may be required under applicable law to give you advance notice, and ft.you will comply with such
requirements. Your continued use of the Platform following the posting of changes will mean that you accept
and agree to the changes.
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PRIVACY
- Ft.you will collect, store and disclose your information in accordance with the Privacy Policy available
at <<<hyperlink>>>
- Ft.you may provide you with notices and communications by e-mail, SMS, push notifications, regular mail
or postings on the Platform or voice call or internet-based messaging applications like WhatsApp or by any
other reasonable means based on the details provided by you. In case of any change in any details provided
by you including but not limited to email id and/or mobile number and/or correspondence address, you shall
inform ft.you in writing in advance in the prescribed format to carry out the necessary changes in its
records
- You hereby unconditionally consent that such communications sent by ft.you to you via the
above-mentioned modes are upon the request and authorization from you.
Except as otherwise set forth
herein, notice to ft.you must be sent by courier or registered email to support@candstechnologies.com
- Ft.you does not guarantee that electronic communications will be successfully delivered, or that they
will be secure and virus free. ft.you shall not be liable for any loss, damage, expense, harm or
inconvenience caused as a result of an electronic communication being lost, delayed, intercepted,
corrupted or otherwise altered or for failing to be delivered for any reason beyond ft.you’s
reasonable control. All correspondence will be in English.
- You agree to be contacted by ft.you and its representatives over phone or on registered email id with
reference to the Services. You agree & confirm that if your mobile number is registered in the Do Not
Disturb (DND) list of TRAI, you may not receive SMS or calls from ft.you. You agree to take steps to
deregister from the DND list and shall not hold ft.you liable for non-receipt of SMS or calls in the
interim period.
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USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- If, at the Company’s request, you send certain specific submissions or without a request from us,
you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, "comments"), You agree that we may, at any
time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any
comments that You forward to Us. We are and shall be under no obligation (a) to maintain any comments in
confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
- You agree that Your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that Your
comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of the service or any related
Platform. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments
You make and their accuracy. We take no responsibility and assume no liability for any comments posted by
You or any third-party.
- You are licensing to the Company and its service providers, any information, data, passwords, materials
or other content (collectively, "Content") You provide through or to the service.
Company and service provider of Company may use, modify, display, distribute and create new material using
such Content to provide the service to You. We may also use, sell, license, reproduce, distribute and
disclose aggregate, non-personally identifiable information that is derived through Your use of the
Platform.
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REFUND POLICY
- We may provide refunds as per our refund policy only in case where there is absolutely no scope for
rectification or alteration of the product. The same would be borne by the Partner.
- The request for alteration or refund must be raised within 7 days of receiving the product. After this
period, ft.you will not accept any requests for return or alteration in any case.
- The aforementioned request for return or alteration will only be accepted if the product has the
original product tags, bill and the original packaging. ft.you will not accept any requests for refund
or
alteration in case these three requirements are not fulfilled.
- The Colour of the product that you receive may vary from what you see on the Platform. ft.you does not
guarantee that the colour of the product that you see on the Platform and receive will be exactly the
same
and there may be variations and ft.you is not responsible for the same. No requests for refund shall be
entertained in such cases.
- In case the issues with the product are a consequence of a shortcoming or a mistake of the Partner,
then
the courier cost involved in the alteration process will be borne by the Partner only.
- In case the issues with the product are a consequence of a shortcoming or a mistake of the customer or
their personal preference, then the courier cost involved in the alteration process will be borne by the
customer only.
- Ft.you is not responsible if the product is damaged in transit. The Logistics Partner would be liable
in
case the product is damaged in transit.
- Ft.you is not responsible for the damage caused to the product during the opening of the package by
the
customer. We would require you to take a video of you unpacking the package as it will act as strong
evidence in case a dispute arises in the future.
- Ft.you will not accept any requests for refund in case the customer does not like the product. In such
cases, the customer can only select the option of alteration if possible. Although ft.you takes all
possible efforts to cater to the needs of the customer, ft.you nowhere guarantees that the user will
like
the product.
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CANCELLATION POLICY
- There may be certain orders that Ft.you may not be able to accept and cancel. Ft.you reserves the
right,
at its sole discretion, to refuse or cancel any order for any reason(s). Some situations that may result
in the User’s order being cancelled include but are not limited to limitations on quantities
available for purchase, inaccuracies or errors in product or pricing, etc. In some cases, Ft.you may
also
require additional verifications or information before accepting any order. Ft.you shall inform the User
if, all or any portion(s), of their order is/are cancelled or if additional information is required to
accept their order. In case Ft.you is unable to reach out to the user, the order will be cancelled by
Ft.you. If the User’s order is cancelled by Ft.you after their credit / debit card has been
charged,
the said amount will be reversed back to the Source Account of the User.
- An order can be cancelled by the User only before the Partner confirms the order with Ft.you.
Once Ft.you receives the order confirmation from the Partner, cancellation for the order cannot be
processed.
- In the event of approval of cancellation by Ft.you, amount / amounts equivalent to the
purchase
/ payments made shall be credited back to the Source Account of the User.
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SUSPENSION OF ACCESS
The Company may wish to stop providing the services and may terminate use of it at any time without giving
notice of termination to You. Unless the Company informs the User otherwise, upon any termination, (a) the
rights and licenses granted to You in these Terms & Conditions will end; and (b) User must stop using
the Platform or any part thereof forthwith. The Company reserves the right to suspend or cease providing any
service and shall have no liability or responsibility to the User in any manner whatsoever.
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MONITORING OF THE PLATFORM AND YOUR ACCOUNT
The Company always has the right and liberty to monitor the content of the Platform or any part thereof
which shall include information provided in Your account. The monitoring of the Platform is important to
determine the veracity of the information provided by You and that every User remains in consonance with the
Terms & Conditions provided herein. Subject to the Terms & Conditions mentioned herein, the Company
shall also have the liberty to remove any objectionable content which is in contravention of the Terms &
Conditions or any applicable laws in force in India or share such information with any governmental
authority as per procedures laid down by the law for the time being in force in India
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GOVERNING LAW AND JURISDICTION
- Your use of this Platform, Services and any terms and conditions stated in this T&C or other service
specific terms and conditions shall be subject to the laws of India.
- If a dispute, controversy, or claim arises out of or relates to this Agreement or the breach thereof,
the dispute must be first settled through consultations and negotiations. If no settlement can be reached
through consultations of the Parties within 30 (thirty) Business Days of one Party delivering a written
notice of the Dispute to the other Party, then such matter shall, be resolved and finally settled in
accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 as may be amended from
time to time or its re-enactment and the rules made there under (the "Arbitration Act"). The arbitration
proceedings shall take place at Hyderabad in India and the proceedings shall be exclusively in English.
- No Party shall be entitled to commence or maintain any action in a court of law upon any matter in
dispute until such matter shall have been submitted to arbitration and determined as provided above, and
then only for the enforcement of the arbitral award.
- Pending the resolution of a dispute by arbitration, the Parties shall, except in the event of
termination, continue to perform all their obligations under this Agreement without prejudice.
- This clause shall survive the Termination of this Agreement.
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SEVERABILITY
Notwithstanding that the whole or any part of any provision of these Terms & Conditions may prove to be
illegal or unenforceable, the other provisions of these Terms & Conditions and the remainder of the
provision in question shall continue in full force and effect.
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WAIVER
No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof
nor shall any single or partial exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein
conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and
remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be
construed as an election.
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ASSIGNMENT
You will not assign or otherwise transfer Your rights or obligations under these Terms & Conditions.
The Company may assign its rights and duties under these Terms & Conditions without any notice to You.
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TAKEDOWN POLICY
If You believe that there is any content available on the Platform which is contrary to Company’s
policies or applicable law, then please notify the Grievance Officer at the email ID provided in the Privacy
Policy / Terms & Conditions. When You send such notice, please ensure that Your notification contains
the following details:
- Your name, email ID, phone number and postal address;
- The exact nature of the objectionable content and the exact location (including the relevant web page)
where it appears;
- Why You consider the content to be objectionable.
- We will evaluate the contents of the notice and may take such action as we deem appropriate in keeping
with our policies and applicable law which may include, asking further details from You or taking down the
content that was the subject matter of Your notice.
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FORCE MAJEURE
Ft.you and its group, affiliate and subsidiary companies shall not be liable for failure or error of any
transaction on the Platform or for any failure on part of the Company to perform any of its obligations
under these Terms & Conditions if performance is prevented, hindered or delayed by a Force Majeure event
(as defined below) and in such case its obligations under these Terms & Conditions shall be suspended
for so long as the Force Majeure event continues. The term "Force Majeure Event" means
any event which occurred and is beyond the control of ft.you, including without limitations, unavailability
of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage,
fire, flood, explosion, acts of god, civil commotion, pandemic, strikes or industrial action of any kind,
riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and
storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected
by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or
power shut down, faults or failures in telecommunication etc.
Ft.you, its group, affiliate and subsidiary companies shall be discharged from such performance to the
extent of and during the period of such Force Majeure Event, and such non-performance of its obligations
shall, in no event whatsoever, amount of a breach of its obligations.
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VIOLATION OF THE TERMS AND CONDITIONS
Without limiting the generality of any other provision of these Terms & Conditions, if you commit any
default or violation of any of the obligations set forth in these Terms, you shall be liable for all the
losses and damages that this may cause to the Platform, ft.you, its group, affiliate and subsidiary
companies, or partners.
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NOTICES
Any notice required to be given to Company under these Terms & Conditions shall be sent by registered
mail or recognized courier to the following address: Flat No. 1202, Tower 1, NCC Urban One, Narsingi,
Hyderabad - 500075
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GRIEVANCES
You can reach out to ft.you at support@candstechnologies.com to raise any questions,
complaints, grievances or feedback.