Terms and Conditions

1.INTRODUCTION

• 1.1

  If you place an order through https://www.forevernew.co.in , the Forever New India app (the “App”) or any other website or app in which we present these Terms and Conditions (together referred to as the “Platform”), upon confirmation that such order is accepted a contract of sale will be executed between you and Forever New Apparels Private Limited having CIN No. U17121DL2007PTC160772 , with its registered office at B-304, New Friends Colony, New Delhi-110065, India , (“Forever New India”) which will be governed by these Terms and Conditions and specifically by the Purchase Terms mentioned below.

• 1.2

  These Terms and Conditions are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are an ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.

2.PURCHASE TERMS

Please read these Purchase Terms carefully before ordering Products online from the Platform.

• 2.1

  WHEN DO THESE PURCHASE TERMS APPLY?

1. These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms, when you

2. (i)

   order anything from the Platform; or

3. (ii)

   order anything at any web page directly connected to the Platform; or

4. (iii)

   when you accept an offer from us.

5. It is only possible to deviate from these Purchase Terms if agreed in writing by us.

• 2.2

  PRODUCTS

1. We have different types of products. This may include products fully designed and created by us (“Products”)
   Please note that in the case of limited edition or limited production of the Products extra restrictions such as limiting the number of such Products per consumer may apply. These extra restrictions will be made known to you via the Platform.
   All Products shown on the Platform are subject to availability. This means that, although we strive to ensure our Platform reflects the availability of stock, a Product shown on the Platform may no longer be available for purchase.
   Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies or other technical reasons. Forever New India is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the Platform.

• 2.3

  REQUIREMENTS TO CONCLUDE A CONTRACT WITH FOREVER NEW INDIA

1. You must be 18 years of age or older to buy Products via the Platform.
   You can only order on the Platform if you are a consumer, not a reseller.
   You guarantee that the information you provide to us in the request or order is accurate and complete.

• 2.4

  HOW IS A CONTRACT CONCLUDED WITH YOU?

1. The following applies to all types of Products. All information on the Platform is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
   All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within 7 (seven) working days, it is deemed to have been refused.
   We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:

1. 1.

   If Product(s) are shown on the Platform but are not or no longer available;

2. 2.

   If we are unable to obtain authorisation or confirmation of your payment;

3. 3.

   If shipping restrictions apply to a Product;

4. 4.

   If Product(s) shown on the Platform contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described or shown;

5. 5.

   If we are unable to process your order due to technical reasons;

6. 6.

   If we know or reasonably suspect an order was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.

7. In the event that we do not accept your order, we shall be entitled to cancel your order without incurring any liability towards you or a third party. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the cancelled order.
   We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this clause as mentioned above. Following the cancellation, we will of course provide you with a refund for the amount paid to us under the cancelled order.
   After your order has been placed, we will send you an order acknowledgment email(s) with your order number and details of the Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Products between you and us will not take place unless and until you receive a confirmation from us that the Products have been placed/shipped to you.

• 2.5

  RETENTION OF TITLE

1. All Products will remain the property of Forever New India until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of, or encumber any Product before full title thereof has passed to you.

• 2.6

  MAINTENANCE OF PRODUCTS

1. We draw your attention to the washing and maintenance instructions printed on the labels of the Products. We are not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.

• 2.7

  ORDER CANCELLATION

1. Notwithstanding your right of cancellation , it is possible, under limited circumstances, to cancel your order for the Products.

• 2.8

  PRICE

1. The stated prices include GST and other applicable charges, if applicable . Prices are quoted in India Rupees (INR). Forever New India reserves the right to make price changes prior to an order placed by you.
   We reserve the right to change, limit or terminate any special offers or discounts at any time.
   We may charge delivery costs. The delivery costs vary for each Product and type of delivery. Any delivery costs will be charged separately, itemised and added to the total amount of the order.

• 2.9

  METHODS OF PAYMENT

1. Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options.
   We accept all prepaid payment options such as all the major Credit Cards, Debit Cards, Net-Banking, UPI, wallets, etc. Forever New India may also can Cash on Delivery.
   All payments for purchases made by You on the Portal shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by us, You will be sent a notification by email or SMS at the email address or mobile number provided to us for confirming receipt of payment.
   There may be limits to the amount of Cash on Delivery payments based on pin codes or the State in India where delivery is to be made. We reserve the right to withdraw or block or limit on the purchases made / to be made by you using Cash on Delivery options.

• 2.10

  INVOICING

1. Where we elect or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing. We can send invoice along-with the delivery of the Products.

• 2.11

  DELIVERY

1. We will deliver to the address indicated by you within India. We can only deliver to a home or office address. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighbouring/nearby address as advised by you, after which Forever New India / carrier is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighbouring/nearby address as advised by you.
   Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Therefore, please, consider any public holidays including any national and/or regional holidays in your country of residence and in the relevant state, area, or city in India. Deliveries will be made on business days, not being a public holiday in your country. Note that public holidays may vary per country and per year.
   Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Notwithstanding this, in case of the unlikely event of delay in an Express delivery, we may, at our discretion, refund to you the full cost of Express delivery.
   Forever New India is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event, you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
   In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.

• 2.12

  RETURNS POLICY

1. For practical information and the instructions for returning Products please see our Return Policy available on the Platform.
   In the event that you have a right to withdraw from a contract of sale with us (and thus return the Product(s) purchased in accordance with Sections 2.14, the following conditions apply.

2. Notification of Withdrawal and Return of Products

3. To exercise your right of withdrawal you must inform us by submitting a clear declaration (e.g., a letter sent by post or an email) stating your decision to withdraw from the contract of sale. You may also withdraw from the contract of sale electronically by filling in the explicit withdrawal declaration on our Platform. In case you have purchased Product as Guest User then you can return Product by writing an email to Customer Service within Return Period. If you use these options, we shall confirm receipt of order withdrawal via email.
   To meet the withdrawal period deadlines specified in Sections 2.14 you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the relevant withdrawal period. The Product must be returned (following the instructions on the Platform) to our warehouse.
   The easiest and our preferred way to return your Products is to follow the steps in the Return Policy available on the Platform, because this both returns the Products and notifies us of your desire to withdraw from the contract of sale in one go. If you return your Products by following the above instructions, we shall bear the costs of returning
   the Products. Returns not made in accordance with the Returns Policy or instructions set forth above shall be at your own risk and at your expense.
   We shall notify you via email once we have received and processed the returned Product(s).

• 2.13

  WARRANTY

1. Your purchase is warranted against manufacturing defects for up to 3 months from the date of purchase.

• 2.14

  VOLUNTARY RETURN GUARANTEE

1. You have the right to withdraw from this contract within 15 (fifteen) days without giving any reason.
   The withdrawal period shall be 15 (fifteen) days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Products, or, where your order contained multiple Products which will be delivered separately, delivery of each Product shall be determined and delivery of each Product shall be actual date of delivery (“Return Period”).
   We offer this voluntary return guarantee during the Return Period subject to the provisions of our Returns Policy as mentioned above and the following conditions.
   The Product(s) must have not been used or damaged beyond normal inspection use and must be returned in its original packaging. Returns of Products can only be accepted if the original label has not been removed.
   We must be in receipt of the Product(s) you are returning prior to the end of the Return Period.
   We reserve the right to reject the return and shall not give any compensation under this return guarantee for returned Products that do not comply with these conditions.
   If you withdraw from a contract of sale during the Return Period, in accordance with our Returns Policy and this Para, we will reimburse all payments we received from you, including delivery charges (provided the returned Product(s) represent(s) the complete order and with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available) within fourteen (14) working days after our receipt of the Product(s). For this repayment we shall use the same method of payment that you used making the original transaction unless we arrange a different method with you; you will not be charged any fees for such repayments under any circumstances. If you wish to take credit note, we will reimburse all payments we received from you by way of issue of such credit note.

• 2.15

  EXCHANGE POLICY

1. We do not exchange Products. If you wish to exchange a Product, you will need to return your purchase for a refund and place a new order. It is only possible to get a refund on returns when the return is in line with our Returns Policy as stipulated in section 2.12.

• 2.16

  DAMAGED OR DEFECTIVE PRODUCTS

1. For Forever New India, quality is paramount. We thoroughly test all our Products in real- life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. Forever New India has a legal obligation to make sure that our Products are conform to the contract of sale. Returned Products are inspected by the Quality Team and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
   If the problem was caused by reasons other than materials quality or assembly process, the original Product is returned to you. We do not refund Products:

1. obtained from a source other than the Platform.

2. that have been damaged by abuse or negligence (e.g., exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.); and/or

3. that have been damaged by misuse or activities other than the intended purpose

4. which gets damaged or becomes non-usable due to maintenance/cleaning/upkeep carried out by consumer which does not comply to recommended maintenance/cleaning/upkeep methods, written on care labels/instruction stickers attached to the product or product maintenance instructions as advised on platform.

1. Please note the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.

• 2.17

  TAXES

1. You are responsible for payment of all fees, costs and charges associated with the purchase of products from the sellers and You agree to bear any and all applicable taxes, Value Added Taxes, cesses, etc. levied on the products on their sale unless otherwise stated.

3.USE OF THE PLATFORM

• 3.1

  INTRODUCTION

1. These Terms of Use apply to your access to and use of the Platform, including the software contained in the Platform (“Software”). Your access to and use of the Platform and the information, materials, products, and services available through the Platform are subject to these Terms of Use, regardless of whether you possess an account through the Platform linked to your name and/or contact information (“Account”).
   Please read these Terms of Use carefully before using the Platform. If you choose to continue to use or access the Platform after having the opportunity to read these Terms of Use, you recognize that Forever New India has provided valuable consideration by offering the Platform free of charge, and in exchange for that valuable consideration, you agree to these Terms of Use.
   If you do not agree to be bound by these terms of use, do not access, or use the Platform.

• 3.2

  CONSENTS

1. Accessing, browsing or otherwise using the Portal will be construed as Your unequivocal and irrevocable acceptance and acknowledgement to the terms and conditions contained under Terms of Use and binding policies hereof. By using the Portal, You declare to have carefully read, understood and agree to be bound by these Terms of Use. Forever New India may at its sole discretion allow or disallow access to Portal and reserves the right to change any of the terms and conditions contained herein at any point in time

• 3.3

  PRIVACY POLICY

1. The Platform Privacy Policy describes how we collect information about you through the Platform and how we use and disclose that information.

• 3.4

  CHANGES TO THESE TERMS OF USE

1. We may make changes to these Terms of Use at any time if we believe it is reasonably necessary to do so (including for security, legal or regulatory reasons).
   We will give you a notice of this change as is reasonably possible (and may do so by communicating the changes to you either when you log in to the Platform or by sending you notice using the contact information or uploading revised terms of use at the Portal that you have provided to us and/or by any other means we think is appropriate).
   In some circumstances we may need you to download and accept a new version of these Terms of Use before continuing to use the Platform. Your continued use of the Platform will constitute your acceptance of any new or amended terms and/or updates.

• 3.5

  COPYRIGHT AND OWNERSHIP

1. All the content featured or displayed on the Platform, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by Forever New India, its licensors, vendors, agents, and/or its Content providers.
   You must not use the Platform or any Content other than for its intended purpose. Except where we tell you otherwise in the Platform, you may view, play, print, and download documents, audio, and video found on the Platform for personal, informational, and non- commercial purposes only.
   You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Platform.
   Except as authorized under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. For purposes of these Terms of Use, the use of any such material on any other mobile application, website, or online service is prohibited.
   You are responsible for complying with all laws which apply to you and your use of the Platform. The Platform, its Content, and all related rights shall remain the exclusive property of Forever New Group or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Platform.

• 3.6

  TRADEMARKS

1. All trademarks, service marks, and trade names of Forever New used as part of or in connection with the Platform (collectively "Marks") are trademarks or registered trademarks of the Forever New Group, or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without prior written consent of the Forever New Group. The use of Marks on any other mobile application, website, or online service is not allowed. We prohibit the use of Marks as a "hot" link on or to any other mobile application, website, or online service unless establishment of such a link is approved in advance by us.

• 3.7

  SOFTWARE

1. The Software is being provided to you by us pursuant to the following terms. We grant you a non-exclusive, non-transferable, limited license to use the Software only for the purpose of using the Platform.
   Except as specifically provided in these Terms of Use, You may not, in whole or in part: (a) copy the Software, (b) distribute copies of the Software, in whole or in part, to any third party; (c) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Software, except as otherwise permitted by law; (d) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Software to third parties; or (e) use the Software to act as a service bureau or application service provider, or to permit access to the Software by any third party. Part of the Software may be provided by and/or owned by third parties.
   You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Platform or its content or circumvent the structure or presentation of the Platform or any of its content or (b) to interfere with the operation of the Platform or any transaction being made on the Platform or interfere or affect any person's use of the Platform or to help facilitate any third party to purchase any product on the Platform.
   You may not attempt to gain unauthorized access to any part or feature of the Platform, or any system connected to the Platform by hacking, password mining or other illegitimate or unauthorized means.
   Certain of the third-party materials supplied for use with the Software are governed by open-source software license agreements supplied with such third-party materials. Forever New India makes no claim of ownership of such open-source software, and such software is supplied solely in accordance with the license agreements accompanying such software. Accordingly, the restrictions above concerning scope of use, ownership, modification, and other provisions relating to the Software may not apply to such open- source software.

• 3.8

  ACCURACY OF INFORMATION

1. We attempt to ensure that information on the Platform is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.

• 3.9

  MINORS

1. You must be 18 years of age or older to access or use the Platform.

• 3.10

  YOUR PROVISION OF INFORMATION

1. When you provide information about yourself to us or to other users of the Platform, including when you create an Account, you agree to:
   (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and
   (b) maintain and promptly update such information to keep it accurate and current.
   
   If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the Platform, and/or refuse any or all current or future use of the Platform or any portion thereof.

• 3.11

  YOUR PROVISION OF INFORMATION

1. You understand that all information, data, or other materials that you and other users of Platform upload, post, transmit, publish, display, or otherwise make available through the Platform, including information you share with or make available to other users of the Platform ("User-Provided Content"), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Platform.
   We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. Furthermore, the User- Provided Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You understand that by using the Platform, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable.
   We are not responsible for any User-Provided Content and will not be liable for any loss or damage caused by any User-Provided Content or your use of or reliance on it.
   By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the Platform, you agree that:

1. you are the owner of all rights in such User-Provided Content.

2. you have waived all "moral rights" that you may have in such User-Provided Content, including but not limited to the right to be identified as the author of such content;

3. you have the right to allow our use of such User-Provided Content under these Terms of Use.

4. all User-Provided Content that you post is accurate; does not violate these Terms of Use; will not result in a breach or violation of any terms of any contract or agreement to which you are currently bound or will become bound in the future; does not and will not violate any applicable law; and will not cause injury to any person or entity; and

5. you are at least 18 years old.

• 3.12

  YOUR GRANT OF LICENSE TO FOREVER NEW INDIA FOR USER- PROVIDED CONTENT

1. By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed) as part of or in connection with the Platform.
   We may modify or adapt User-Provided Content, including to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifier you provided when posting User-Provided Content. You promise that our publication and use of your User-Provided Content will not infringe the rights of any third party.

• 3.13

  FOREVER NEW INDIA ’ DISCRETION TO USE USER-PROVIDED CONTENT

1. All User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Platform may be used by us in accordance with our Privacy Policy. We reserve the right to change, condense, delete, or refuse to post any User- Provided Content on the Platform in its sole discretion. We do not guarantee that you will be able to edit or delete any User-Provided Content you have made available in connection with the Platform. We are not under any obligation to keep the User-Provided Content that you make available through the Platform confidential.

• 3.14

  YOUR CONDUCT

1. You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Platform. In addition, you agree not to:

1. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is known by you to be false, inaccurate, misleading or impersonates another person.

2. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

3. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way.

4. upload, post, transmit, publish, display, or otherwise make available through the Platform any information that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

5. upload, post, transmit, publish, display, or otherwise make available through the Platform any information that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person

6. forge headers or otherwise manipulate identifiers to disguise the origin of any User-Provided Content transmitted through the Platform.

7. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

8. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party.

9. upload, post, transmit, publish, display, or otherwise make available through the Platform any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

10. upload, post, transmit, publish, display, or otherwise make available User- Provided Content provided by another user of the Platform (or an image or picture depicting such User-Provided Content) on any other website, mobile application, or online service without that user’s prior permission.

11. upload, post, transmit, publish, display, or otherwise make available through the Platform any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

12. take any action that interferes with the proper working of the Platform, compromises the security of the Platform, or otherwise damages the Platform or any materials or information available through the Platform.

13. attempt to gain unauthorized access to any portion or feature of the Platform, to any other systems or networks connected to the Platform, to any of our or our service providers’ servers, or to any of the services offered on or through the Platform, including but not limited to by hacking, password “mining”, or any other unauthorized means.

14. probe, scan, or test the vulnerability of the Platform or any network connected to the Platform or bypass the authentication measures on the Platform, or any network connected to the Platform;

15. using technical tools known as robots, spiders, or scrapers, without our prior permission.

16. harvest or otherwise collect and store information about other users of the Platform, including e-mail addresses.

17. install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or

18. interfere with or disrupt the operation of the Platform or server networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.

• 3.15

  LINKS TO WEBSITES AND ONLINE SERVICES OWNED OR CONTROLLED BY THIRD PARTIES AND THIRD-PARTY ATTRIBUTIONS

1. For your convenience, the Platform may contain links to or at times redirect you to websites and/or online services owned or controlled by third parties. Also, at your request, the Platform may connect to social networking websites that are not owned or controlled by us.
   These websites and online services are not under our control, and you accept that we are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites and online services including their operation, or the content displayed on or through them. The inclusion of such a link on the Platform does not imply our endorsement of any such website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website or online service.

• 3.16

  REGISTRATION AND PASSWORDS

1. You may be permitted or required to register or obtain a login ID and password prior to being provided with access to certain pages in the Platform. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account, whether authorized by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security involving access to the Platform through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account because of your failure to take reasonable steps to keep your account information secure and confidential.

• 3.17

  OPERATION OF THE PLATFORM AND TERMINATION OF THIS AGREEMENT

1. We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice:

1. (i)

   modify, suspend, or terminate operation of or your access to the Platform, or any portion of the Platform, or the agreement between you and us under these Terms of Use, for any reason including but not limited to for your violation of these Terms of Use;

2. (ii)

   modify or change the Platform, or any portion of the Platform;

3. (iii)

   interrupt the regular operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Platform.

1. On cancellation of the agreement under these Terms of Use for any reason:

2. (i)

   all rights granted to you under these Terms of Use shall cease.

3. (ii)

   you must immediately cease all activities authorized by these Terms of Use including your use of the Platform.

4. (iii)

   you must immediately delete or remove the Platform from your device(s) and immediately destroy all copies, full or partial of the Platform than in your possession, custody, or control and on request by us certify to us (or our nominee) that you have done so.

5. The sections entitled Your Grant of License to Forever New India for User Provided Content and Our Responsibility for Loss or Damage Suffered by You will continue to apply after this agreement under these Terms of Use ends.

• 3.18

  ACCESS TO THE PLATFORM

1. Neither Forever New India , nor any of its respective affiliates guarantee that the functions contained in the Platform will be uninterrupted or error-free or that defects will be corrected. We may suspend, withdraw, discontinue, or change all or any part of the Platform without notice.

• 3.19

  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
   If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
   The Platform is for domestic and private use. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

• 3.20

  EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

1. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later.

4.MISCELLANEOUS

• 4.1

  HOW CAN YOU CONTACT US?

1. If you have any questions or comments about the Platform or our Terms and Conditions or in the unlikely event that you wish to make a complaint, please don't hesitate to contact our Customer Service via the means provided on the Platform.

2. Alternatively, you may also write to us using the following address:

3. Customer Service: Ms. Benu Manchanda

4. Office Address: Unitech Cyber Park, Tower-A, Second Floor, 201 & 202, Sector - 39, Gurugram- 122003, Haryana, India

5. Customer Service Number: +1-800-203-3006

6. Customer Service email: [email protected]

• 4.2

  Communications

1. You will be required to provide a valid email address and phone number in order to avail the services provided by the Portal, including and not limited to placing orders for buying the products. By registering Your email address and phone number with us, You consent to be contacted by the email, phone calls or SMS notifications for any order or shipment, delivery, payment or offer related updates or otherwise. The Portal may notify or communicate with You by e-mail, SMS, phone or by posting notices on the Portal or by any other mode of communication.

• 4.3

  PRIORITIES

1. In case of contradiction between these Terms and Conditions and any content contained in other parts of the Platform or in links, the Terms and Conditions contained in this document prevail.

• 4.4

  AMENDMENTS TO THE TERMS AND CONDITIONS

1. We reserve the right to make changes to these Terms and Conditions at any time. The use of this Platform as well as any purchase agreement executed between you and us, will be subject to the version of these Terms and Conditions in force at the time you place the order through this Platform or the day you browse this Platform (as applicable).

• 4.5

  DATA PROTECTION

1. Forever New India fully respects the privacy of individuals who access and use the Platform. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Policy, which is incorporated into and form part of these Terms and Conditions. By placing a purchase order, you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy.

• 4.6

  SEVERANCE

1. Each provision of these Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Terms and Conditions.

• 4.7

  SUB-CONTRACTING AND ASSIGNMENT

1. Forever New India reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under these terms and conditions provided that your rights under these terms and conditions are not affected. You may not sub-contract, assign or
   otherwise transfer any of your rights or obligations under the these terms and conditions without our consent in writing.

• 4.8

  EVENTS BEYOND REASONABLE CONTROL

1. Forever New India will be not held responsible for any delay or failure to perform or comply with our obligations under these terms and conditions when the delay or failure arises from any cause which is beyond Forever New India’ reasonable control.

• 4.9

  COMPLIANCE

1. Every User of the Portal shall comply with all the applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, notifications issued there under the Exchange Control Manual issued by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act, 1961, Export Import Policy of the Government of India and shall include any amendments, notifications and Rules thereof under the aforesaid enactments applicable for using the App or buying/ selling any product or service through the Portal.

• 4.10

  APPLICABLE LAW AND JURISDICTION

1. These Terms and Conditions shall be governed by the laws of India. Indian law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). You or Forever New India shall bring any dispute which may arise under these Terms and Conditions to the competent court of Delhi, India to settle any of such dispute.

• 4.11

  ACCESS OUTSIDE THE REPUBLIC OF INDIA

1. Forever New India makes no representation that the content on the Platforms is appropriate to be used or accessed outside the Republic of India. Your use of or access to the Platforms from outside the Republic of India is at your own risk and you are responsible for compliance with the laws of such jurisdiction.

• 4.12

  FORCE MAJEURE

1. Notwithstanding anything contained in these Terms or elsewhere, Forever New India shall not be held responsible for any loss, damage to You if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond Forever New India’s reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

• 4.13

  GRIEVANCE OFFICER

1. In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer or at the below mentioned coordinate:

1. Name: Ms. Benu Manchanda

2. Designation: Grievance Officer

3. Email Address: [email protected]

4. Phone number:+1-800-203-3006

• 4.14

  NODAL OFFICER

1. In the unlikely event that your issue remains unresolved to your satisfaction despite escalating to our Grievance Officer, you can reach out to our Nodal Officer or at the below mentioned coordinate:

1. Name: Mr. Yogesh Yadav

2. Designation: Nodal Officer

3. Email Address: [email protected]

4. Phone number: +1-800-203-3006

• Version Number: 01
  Date of Issue: February 21, 2023
  Date of last amendment: -