#Terms and Condition
Introduction
Welcome to the Brand Factory, brought to you by Future Lifestyle Fashions Ltd. In using the Brand
Factory service, of Future Lifestyle Fashions Ltd. you are deemed to have accepted the terms and
conditions listed below. All products/services and information displayed on Brand Factory constitute
an 'invitation to offer'. Your order for purchase constitutes your 'offer' which shall be subject to the
terms and conditions as listed below. Brand Factory reserves the right to accept or reject your offer.
If you have supplied us with your valid email address, we will notify you by email as soon as possible
to confirm receipt of your order and email you again to confirm details and therefore process the
order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act
or omission of Brand Factory prior to the actual dispatch of the product(s) ordered will constitute
acceptance of your offer.
Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable
law. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872
including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under
the age of 18 years but at least 13 years of age you may use this Site only under the supervision of
a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that
of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.
You are prohibited from purchasing any material which is for adult consumption the sale or purchase
of which to/by minors are strictly prohibited.
Brand Factory reserves the right to terminate your membership and refuse to provide you with
access to the Site if Brand Factory discovers that you are under the age of 18 years. The Site is not
available to persons whose membership has been suspended or terminated by Brand Factory for
any reason whatsoever. If you are registering as a business entity, you represent that you have the
authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this
website are directed solely at those who access this website from India. Brand Factory makes no
representation that any products or services referred to in the materials on this website are
appropriate for use, or available outside India. Those who choose to access this Site from outside
India are responsible for compliance with local laws if and to the extent local laws are applicable.
Brand Factory will deliver the products only within India and will not be liable for any claims relating
to any products ordered from outside India.
Except where additional terms and conditions are provided which are product specific, these terms
and conditions supersede all previous representations, understandings, or agreements and shall
prevail notwithstanding any variance with any other terms of any order submitted. By using the
services of Brand Factory you agree to be bound by the Terms and Conditions.
Account and Registration Obligations
If you use Brand Factory, you shall be responsible for maintaining the confidentiality of your User ID
and Password and you shall be responsible for all activities that occur under your User ID and
Password. You agree that if you provide any information that is untrue, inaccurate, not current or
incomplete or Brand Factory has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Brand Factory
has the right to indefinitely suspend or terminate or block access of your membership with Brand
Factory.
You also agree to:
1.Provide true, accurate, current and complete information about yourself as prompted by Brand
Factory’s registration form (such information being the 'Registration Data'). All the information which
compulsorily needs to be filled are marked in asterix (*) sign.
2.Maintain and promptly update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if
Brand Factory has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or not in accordance with the User Agreement, Brand Factory has the right to indefinitely
suspend or terminate your membership and refuse to provide you with access to the Site.
Pricing Information
While Brand Factory strives to provide accurate product and pricing information, pricing or
typographical errors may occur. Brand Factory cannot confirm the price of a product until after you
order. In the event that a product is listed at an incorrect price or with incorrect information due to an
error in pricing or product information, Brand Factory shall have the right, at our sole discretion, to
refuse or cancel any orders placed for that product, unless the product has already been dispatched.
In the event that an item is mis-priced, Brand Factory may, at its discretion, either contact you for
instructions or cancel your order and notify you of such cancellation. Unless the product ordered by
you has been dispatched, your offer will not be deemed accepted and Brand Factory will have the
right to modify the price of the product and contact you for further instructions using the e-mail
address provided by you during the time of registration, or cancel the order and notify you of such
cancellation. In the event that Brand Factory accepts your order the same shall be debited to your
credit card account and duly notified to you by email that the payment has been processed. The
payment may be processed prior to Brand Factory dispatch of the product that you have ordered. If
we have to cancel the order after we have processed the payment, the said amount will be reversed
back to your credit card account.
We strive to provide you with the best prices possible on Brand Factory as well as in all our group
stores under the corporate entity - Future Group. However, sometimes a price online may not match
the price in a store. In our effort to be the lowest price provider in your particular geographic region,
store pricing will sometimes differ from online prices. Prices and availability are subject to change
without notice.
Terms and conditions for Customer Support Chat
1.Brand Factory may suspend the chat service at any time without notice.
2.Brand Factory or its executives are not responsible for any delay caused in attending to or replying
to the queries via chat.
3.Communication through chat would be stored by Brand Factory for future reference; customer
would not have the right to access this information at a later date.
4.While chatting you may not put on any objectionable information i.e. unlawful, threatening,
abusive, defamatory, obscene information.
5.The chat room will not be used for selling of any products or advising on business opportunity or
any other form of solicitation.
6.Powered by Comm100.
7.You may proceed further, and chat with our online customer care executive only if you agree to the
above terms and conditions
You Agree and Confirm
1.That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or
address or any other wrong information) any extra cost incurred by Brand Factory for redelivery shall
be claimed from you.
2.That you will use the services provided by Brand Factory, its affiliates, consultants and contracted
companies, for lawful purposes only and comply with all applicable laws and regulations while using
the Site and transacting on the Site.
3.You will provide authentic and true information in all instances where such information is requested
of you. Brand Factory reserves the right to confirm and validate the information and other details
provided by you at any point of time. If upon confirmation your details are found not to be true
(wholly or partly), Brand Factory has the right in its sole discretion to reject the registration and debar
you from using the Services of Brand Factory and / or other affiliated websites without prior
intimation whatsoever.
4.That you are accessing the services available on this Site and transacting at your sole risk and are
using your best and prudent judgment before entering into any transaction through this Site
5.That the address at which delivery of the product ordered by you is to be made will be correct and
proper in all respects.
6.That before placing an order you will check the product description carefully. By placing an order
for a product you agree to be bound by the conditions of sale included in the item's description.
7.To receive promotional mailers and sms
You may not use the Site for any of the following purposes:
1.Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or
otherwise objectionable material.
2.Transmitting material that encourages conduct that constitutes a criminal offence, results in civil
liability or otherwise breaches any relevant laws, regulations or code of practice.
3.Gaining unauthorised access to other computer systems.
4.Interfering with any other person's use or enjoyment of the Site.
5.Breaching any applicable laws;
6.Interfering or disrupting networks or web sites connected to the Site.
7.Making, transmitting or storing electronic copies of materials protected by copyright without the
permission of the owner. Brand Factory reserves full right to take appropriate action against you, for
violating the above mentioned rules and regulations.
Colours
We have made every effort to display the colours of the products that appear on the Site as
accurately as possible. However, as the actual colours you see will depend on your monitor, we
cannot guarantee that your monitor's display of any colours will be accurate.ImagesWe strive hard to
get the real image of every product listed, but it should be considered indicative only.
Modification of Terms & Conditions of Service
Brand Factory may at any time update the Terms & Conditions of Use of the site without any prior
notification to you. You can access the latest version of the User Agreement at any given time on
Brand Factory. You should regularly review the Terms & Conditions on Brand Factory. In the event
the modified Terms & Conditions is not acceptable to you, you should discontinue using the service.
However, if you continue to use the service you shall be deemed to have agreed to accept and abide
by the modified Terms & Conditions of Use of this site.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts
at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement.Any
dispute or difference either in interpretation or otherwise, of any terms of this User Agreement
between the parties hereto, the same shall be referred to an independent arbitrator who will be
appointed by Future Retail Ltd. and his decision shall be final and binding on the parties hereto. The
above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended
from time to time. The arbitration shall be held in Mumbai. The language of Arbitration shall be
English. The High Court of judicature at Mumbai alone shall have the jurisdiction and the Laws of
India shall apply.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed,
submitted or offered to Brand Factory on or by this Site or otherwise disclosed, submitted or offered
in connection with your use of this Site (collectively, the 'Comments') shall be and remain Brand
Factory property. Such disclosure, submission or offer of any Comments shall constitute an
assignment to Brand Factory of all worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, Brand Factory owns exclusively all such rights, titles
and interests and shall not be limited in any way in its use, commercial or otherwise, of any
Comments. Brand Factory will be entitled to use, reproduce, disclose, modify, adapt, create
derivative works from, publish, display and distribute any Comments you submit for any purpose
whatsoever, without restriction and without compensating you in any way. Brand Factory is and shall
be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any
compensation for any Comments; or (3) to respond to any Comments. You agree that any
Comments submitted by you to the Site will not violate this policy or any right of any third party,
including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause
injury to any person or entity. You further agree that no Comments submitted by you to the Site will
be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain
software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any
form of 'spam' Brand Factory does not regularly review posted Comments, but does reserve the right
(but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You
grant Brand Factory the right to use the name that you submit in connection with any Comments.
You agree not to use a false email address, impersonate any person or entity, or otherwise mislead
as to the origin of any Comments you submit. You are and shall remain solely responsible for the
content of any Comments you make and you agree to indemnify Brand Factory and its affiliates for
all claims resulting from any Comments you submit. Brand Factory and its affiliates take no
responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
Brand Factory and its suppliers and licensors expressly reserve all intellectual property rights in all
text, programs, products, processes, technology, content and other materials, which appear on this
Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any
license under any of Brand Factory or any third party's intellectual property rights. All rights, including
copyright, in this website are owned by or licensed to Brand Factory. Any use of this website or its
contents, including copying or storing it or them in whole or part, other than for your own personal,
non-commercial use is prohibited without the permission of Brand Factory. You may not modify,
distribute or re-post anything on this website for any purpose. The Brand Factory names and logos
and all related product and service names, design marks and slogans are the trademarks or service
marks of Future Lifestyle & Fashions Ltd. All other marks are the property of their respective
companies. No trademark or service mark license is granted in connection with the materials
contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark
in any manner. References on this Site to any names, marks, products or services of third parties or
hypertext links to third party sites or information are provided solely as a convenience to you and do
not in any way constitute or imply Brand Factory endorsement, sponsorship or recommendation of
the third party, information, product or service. Brand Factory is not responsible for the content of
any third party sites and does not make any representations regarding the content or accuracy of
material on such sites. If you decide to link to any such third party websites, you do so entirely at
your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips
or downloads, video clips and written and other materials that are part of this Site (collectively, the
'Contents') are intended solely for personal, non-commercial use. You may download or copy the
Contents and other downloadable materials displayed on the Site for your personal use only. No
right, title or interest in any downloaded materials or software is transferred to you as a result of any
such downloading or copying. You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in
any way, in whole or in part, any of the Contents, the Site or any related software. All software used
on this Site is the property of Brand Factory or its suppliers and protected by Indian and international
copyright laws. The Contents and software on this Site may be used only as a shopping resource.
Any other use, including the reproduction, modification, distribution, transmission, republication,
display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all
Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled
or licensed by Brand Factory, one of its affiliates or by third parties who have licensed their materials
to Brand Factory and are protected by Indian and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive
property of Brand Factory and is also protected by Indian and International copyright laws.
Objectionable Material
You understand that by using this Site or any services provided on the Site, you may encounter
Content that may be deemed by some to be offensive, indecent, or objectionable, which Content
may or may not be identified as such. You agree to use the Site and any service at your sole risk
and that to the fullest extent permitted under applicable law, Brand Factory and its affiliates shall
have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to defend, indemnify and hold harmless Brand Factory, its employees, directors, officers,
agents and their successors and assigns from and against any and all claims, liabilities, damages,
losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon
your actions or inactions, which may result in any loss or liability to Brand Factory or any third party
including but not limited to breach of any warranties, representations or undertakings or in relation to
the non-fulfilment of any of your obligations under this User Agreement or arising out of your
violation of any applicable laws, regulations including but not limited to Intellectual Property Rights,
payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or
publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this User Agreement.
Termination
This User Agreement is effective unless and until terminated by either you or Brand Factory. You
may terminate this User Agreement at any time, provided that you discontinue any further use of this
Site. Brand Factory may terminate this User Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the Site, Such termination will be without any
liability to Brand Factory. Upon any termination of the User Agreement by either you or Brand
Factory, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as
well as all copies of such materials, whether made under the User Agreement or otherwise. Brand
Factory's right to any Comments shall survive any termination of this User Agreement. Any such
termination of the User Agreement shall not cancel your obligation to pay for the product already
ordered from the Site or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers
The Site is provided without any warranties or guarantees and in an 'As Is' condition. You must bear
the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while Brand Factory tries to
ensure that material included on the Site is correct, reputable and of high quality, it cannot accept
responsibility if this is not the case. Brand Factory will not be responsible for any errors or omissions
or for the results obtained from the use of such information or for any technical problems you may
experience with the Site. This disclaimer does not apply to any product warranty offered by the
manufacturer of the product as specified in the product specifications. This disclaimer constitutes an
essential part of this User Agreement. To the fullest extent permitted under applicable law, Brand
Factory or its suppliers shall not be liable for any indirect, incidental, special, incidental,
consequential or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services
or this User Agreement.
Without prejudice to the generality of the section above, the total liability of Brand Factory to you for
all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the
product ordered by you.
Brand Factory, its associates and technology partners make no representations or warranties about
the accuracy, reliability, completeness, correctness and/or timeliness of any content, information,
software, text, graphics, links or communications provided on or through the use of the Site or that
the operation of the Site will be error free and/or uninterrupted. Consequently, Brand Factory
assumes no liability whatsoever for any monetary or other damage suffered by you on account of the
delay, failure, interruption, or corruption of any data or other information transmitted in connection
with use of the Site; and/or any interruption or errors in the operation of the Site.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without
limitation, (a) accessing data not intended for you or logging onto a server or an account which you
are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper authorization; (c) attempting
to interfere with service to any other user, host or network, including, without limitation, via means of
submitting a virus to the Site, overloading, 'flooding,' 'spamming,' 'mailbombing' or 'crashing;' (d)
sending unsolicited email, including promotions and/or advertising of products or services; or (e)
forging any TCP/IP packet header or any part of the header information in any email or newsgroup
posting. Violations of system or network security may result in civil or criminal liability. Brand Factory
will investigate occurrences that may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who are involved in such violations. You agree not
to use any device, software or routine to interfere or attempt to interfere with the proper working of
this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use
any engine, software, tool, agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the
search engine and search agents available from Brand Factory on this Site and other than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder of the agreement
shall continue to be in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between you and Brand Factory with respect to the Brand Factory sites/services and it
supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or
written, between you and Brand Factory with respect to the Brand Factory sites/services. Brand
Factory's failure to act with respect to a breach by you or others does not waive its right to act with
respect to subsequent or similar breaches.
Privacy Policy
We do not sell or rent your personal information to third parties for their marketing purposes without
your explicit consent and we only use your information as described in the Privacy Policy. We view
protection of your privacy as a very important community principle. We understand clearly that you
and Your Information is one of our most important assets. We store and process Your Information on
computers located in the India that are protected by physical as well as technological security
devices. We use third parties to verify and certify our privacy principles. If you object to your
Information being transferred or used in this way please do not use the Site