Terms & Conditions Notice
Welcome to clothmyths
clothmyths Mobile Applications ("clothmyths," "clothmyths.com," "us," "we," "our,"), a service from clothmyths, and empowering M/S Ohanna Creations company as India importers and exporters, and its affiliates ("seller," "sellers," "merchant," "merchants," "business," "businesses," "vendor," "vendors") operate as subject to the Terms & Conditions Notice given hereunder. By visiting us at clothmyths.com, you ("your," "user," "users," "buyer," "buyers," "customer," "customers") accept these Terms & Conditions Notice. Please read them carefully. When you use any current or future clothmyths service (e.g. your account or profile, gift certificates, your reminder service, etc.) or visit/purchase from any business affiliated with clothmyths, whether or not included in clothmyths, you will be subject to these guidelines for such services or business. These Terms & Conditions Notice supersede all previous representations, understandings or agreements in variance with any other terms of any service or order provided by clothmyths. By shopping or using other clothmyths services you agree to be bound by these Terms & Conditions Notice. All products or services and information displayed on clothmyths constitute an "invitation to offer." Your order of purchase constitutes your "offer," which shall be subject to Terms & Conditions Notice as listed below. clothmyths reserves the right to reject or accept your offer at any time or under any circumstances.
When you visit clothmyths or send emails to us or provide your feedback, it clearly states that you are communicating with clothmyths electronically. In return you are providing your consent to receive communications from clothmyths electronically. Our representatives shall communicate with you via email or by posting notices on clothmyths. You agree that all the agreements, notices, disclosures, and other communications that we provide to you electronically satisfy legal requirement that such communications be in writing.
Your access and use of the website and/or app signifies that you have read, understand, and agree to be bound by these Terms & Conditions Notice, whether or not you are a registered user of clothmyths, and is subject to your compliance with these Terms & Conditions Notice. clothmyths reserves the right to change, add, or delete any portions of the Terms & Conditions Notice from time to time without liability or prior notice to you. Your continued use of the website and/or app constitutes your acceptance of the agreement with all such changes. It is your responsibility to regularly check the website or app to determine if there have been changes to the Terms & Conditions Notice and to review such changes. If you do not agree to abide by these or any future Terms & Conditions Notice, please do not access or use (or continue to access or use) the website or app. In addition, clothmyths may post additional terms, conditions, rules, or requirements related to the website and/or app and/or the services and features of either.All such terms, conditions, rules, or requirements are/or will be incorporated by reference into these Terms & Conditions Notice and you agree to be bound by and subject to them. At its sole discretion, clothmyths also may offer other services or features governed by different Terms & Conditions Notice.
Disclaimer of the Warranties & Limitation of Liability
clothmyths has made this service available to use as a matter of convenience. clothmyths expressly disclaims any liability arising out of the uploading of any obscene, vulgar, or pornographic images, or altering or distorting of images available under this service in an obscene manner. clothmyths also disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability and/or fitness for particular purpose. clothmyths does not warrant that sites or applications, servers, or email sent from clothmyths are free of viruses or harmful components. clothmyths will not be liable for damages of any kind arising from use of sites or applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Service(s) of clothmyths is/are provided on an "as is" basis without warranties, whether expressed/implied. clothmyths doesn't warrant or represent maintaining confidentiality of information, although clothmyths's current practice is to ensure reasonable efforts to maintain maximum confidentiality. It is clearly understood by users that all warranties and after sales services, expressed or implied, take place directly between vendors and customers as per terms of sale by vendor.
clothmyths does not endorse in any way the contents of advertisers on its pages or other communications. We will not be responsible for any damage suffered by users as a result of the use of services on its sites or applications. This without limitation includes loss of revenue or data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act or omission of vendors. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, omission, error, interruption, defect, deletion, delay in operation or transmission, computer or mobiles virus, theft, communication line failure, destruction or alteration of record, or unauthorized access to or use of record, whether from breach of contract, negligence, tortuous behavior or under any other cause of action.
clothmyths assumes no liability whatsoever for monetary or other damage suffered on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of services;
- Any interruption or errors in operation of services. You expressly understand and agree that clothmyths shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages. These include but are not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if clothmyths has been advised of the possibility of such damages).
Users agree and acknowledge that users shall solely be responsible for users' conduct and that clothmyths reserves the right to terminate rights to use our service immediately, notwithstanding any penal provisions under British cyber laws or any allied laws enacted by the government of UK or other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall clothmyths or its affiliates, consultants, employees, agents, or contracted companies be liable for any direct, incidental, indirect, punitive, special, consequential or any other damages whatsoever, without limitation, including damages for loss of use, data, or profits. Such damages include those arising out of or in any way connected to the use of or performance of clothmyths's site, application, or services, such as interrupted communications, delays, lost data, or lost profits arising out of or in connection with this agreement. clothmyths therefore neither offers nor endorses any judgment or warranty and accepts no responsibility for the availability or authenticity of any goods or services, or for any damage, loss, or harm, or consequential violation of international or local laws that may be incurred by your visit to and/or any transaction on clothmyths.
Notwithstanding anything that is contained herein, clothmyths acts only as a booking agent or platform to facilitate or integrate transactions between buyers and sellers and shall in no way be responsible for the quality of products, damages, expenses, losses and/or taxes incurred by users for products, or if vendors, affiliates, or merchants are not able to service the orders of any user for any reason, or any misrepresentation of any sort by vendors, affiliates, or merchants. In no event shall clothmyths, its directors, officials, representatives, or employees be liable for any damages or claims related to products sold through its platforms. All prices, unless indicated otherwise, are in currency and clothmyths reserves the right to enhance currency offerings or limit currency offerings at any time without notice.
clothmyths shall not be liable for any delay or non-delivery of purchased goods by sellers due to floods, war, fires, natural disasters, acts of God, or any cause that is beyond control of clothmyths.
The availability of products is subject to change without any prior notice at the sole discretion of clothmyths; orders can be cancelled if any seller's product or products go out of stock. clothmyths reserves the right to refuse or cancel orders placed for any product that is listed with an incorrect price that may be higher or lower than the published price. Cancellations may occur regardless of any order that has been confirmed or payment levied via check, credit card or other means. In the event payment has been processed by clothmyths the refund amount shall be credited to your credit card or sent by cheque, and you will be notified accordingly by email.
In the instance of debit or credit card transactions, you must use a debit card or credit card that is issued in the name of the user. clothmyths will not be liable for potential credit or debit card fraud.
Liability for fraudulent debit card, credit card, or net banking transactions shall lie solely upon the user to "prove otherwise."
Any request for the cancellation of any order once duly placed on clothmyths's site or application shall not be entertained.
In the event a non-delivery occurs as the result of mistake made by a user (i.e. wrong name or address) the burden of any extra cost incurred by clothmyths for re-delivery will be placed upon you who made the order.
All the products are accordingly screened and assured by vendors to completely ensure that products are of the composition, standard, quality, style, or model of/in which they are represented and displayed on clothmyths on behalf of the vendor. All and any additional information or description for/of a product that is displayed on clothmyths on behalf of the vendor is as provided to clothmyths by the aforementioned vendor. clothmyths does not take responsibility for any incorrect or inaccurate display of a product's information.
clothmyths and its affiliates reserve the right to cancel orders for products using sole discretion for any reason, which may include but is not limited to the product being out of stock, or for any other reason without any intimation to the user.
Use of clothmyths is available only to persons who can form legally binding contracts under the Chinese Contract Act. Persons who are considered "incompetent to contract" as defined in the Chinese Contract Act, including minors, un-discharged insolvents, etc., are not qualified to use clothmyths. Minors (i.e. persons being under the age of 18 years) are not permitted to register as users of clothmyths and shall not purchase any of the items displayed on the application or website by vendors. As a minor, if you wish to purchase any item, such purchases are to be completed by a parent or legal guardian who has already registered as a user of clothmyths or can use clothmyths as a guest user. clothmyths reserves the right to terminate your registration and refuse to provide you with access to clothmyths if it is brought to clothmyths's notice or if it is discovered that you are under age of 18 years.
Users agree, undertake and confirm that goods purchased by placing an order on all platforms of clothmyths are purchased for personal consumption or use by you, and/or your family members, and/or your friends, and that such goods may not be re-sold by you.
Business entity registration: If you are registering as business entity, you represent that you are duly authorized by the aforementioned business entity to accept these Terms & Conditions Notice and that you have authority to bind that business entity to these Terms & Conditions Notice.
The logo or image of clothmyths on the homepage of its website, mobile site, application, or any other location as used in communication to users is registered by clothmyths and may not be used, communicated, or distributed without first obtaining the express written consent of clothmyths.
License & Site Access
clothmyths grants you a limited license to access and make personal use of its websites, mobile sites, and applications, and not to download (other than the page caching) or modify it or any of the portion of it, except in the case that clothmyths gives consent for the same. License does not include any re-sale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these websites, mobile sites, or the application or its contents; any downloading or copying of account information for benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These sites or applications or any portion of these sites or applications may not be reproduced, duplicated, sold, re-sold, copied, visited, or otherwise exploited for any commercial purpose without the express written consent of clothmyths. You may not frame or use any framing techniques to enclose any of the trademark, logo, or any proprietary information (including page layout, images, text or form) of clothmyths and our affiliates without express written consent. You may not use any meta tags or any other "the hidden text" and clothmyths's name or our trademarks without the express written consent of clothmyths. Any unauthorized use terminates the permission or license granted by clothmyths. You are granted a limited, non-exclusive, and revocable right to create any hyperlink to the homepage of clothmyths.com as long as the link does not portray the services or products of clothmyths or its affiliates in a false, derogatory, misleading, or otherwise offensive matter, or as you having the right to ownership of the same in any form. You may not use our trademark, or any clothmyths logo or other proprietary graphic as part of link without express written consent and our acceptance.
If you use clothmyths, you are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your digital device. You also agree to accept sole responsibility for all activities that occur under your account/password. clothmyths does sell products for children, but it sells them to adults, who can purchase said products using their credit card or other monetary means on behalf of children. If you are under the age of 18 years old, you may use clothmyths only with the involvement of your parent or legal guardian. clothmyths and our affiliates have the right to cancel any order or service by/to any user at any time. clothmyths and our affiliates reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders any time at our sole discretion.
clothmyths is associated with all of our merchants for the supply and also service of goods directly to the customers. clothmyths is the marketplace in which its merchants' products are sold. After sales service and given warranty for products sold by our merchants, as duly applicable for respective products, will be undertaken and even handled by the respective merchants or through individual service centers.
Reviews, Comments, Communications, & other Contents
Visitors may post reviews, comments, and other content, and submit suggestions, comments, ideas, questions, or any other mentioned information, as long as the content is not illegal, invasive of privacy, threatening, obscene, defamatory, infringing on intellectual property rights, or otherwise injurious or objectionable to any third parties, does not consist or contain any software viruses, political campaigning, mass mailings, commercial solicitation, chain letters, or any form of "spam." You may not use any false email address, impersonate any person or entity, or otherwise mislead users pertaining to your personal identity.
clothmyths regularly reviews and monitors content posted by users and reserves the right (but not obligation) to publish and delete content. clothmyths encourages users to engage and communicate within the app by liking, sharing, and following, but there is no tolerance for any kind of objectionable content. Users may report any inappropriate content they encounter by emailing clothmyths at firstname.lastname@example.org. Necessary action will be taken within 24 hours of the information's receipt. Such action my include deleting content, suspending a user's account, or any other appropriate legal actions. clothmyths app users are subjected to accept EULA (End-User License Agreement) terms and conditions. We reserve the right to take action against any EULA violations.
If you post content or submit material, until and unless we indicate otherwise, you grant clothmyths and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, distribute, publish, translate, create derivative works from, and display such content throughout the world in any media. clothmyths and its affiliates retain the right to use the name that you submit in connection with such content, if they so choose. You represent and also warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate any clothmyths policies and will not cause injury to any person or entity, and that you will indemnify clothmyths or any of its affiliates for all the claims resulting from content that you supply. clothmyths also has the right but no obligation to monitor, as well as edit and/or remove any activity or content. clothmyths neither takes any responsibility nor assumes any liability for the content posted by you or any third party.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to clothmyths, clothmyths may at its sole discretion limit user activity by immediately removing the user temporarily or indefinitely, suspending or terminating the user's membership, and/or refusing to provide the user with the access to sites or applications if:
- The user is in breach of clothmyths's Terms & Conditions Notice as the result of any usage;
- The user has provided incomplete, inaccurate, or incorrect information;
- The user attempts to defraud clothmyths by using functionalities on its websites, mobile sites, or applications;
- Your actions cause harm, damage or any loss to other users or clothmyths
Illegal or unauthorized use of the clothmyths's websites, mobile sites, or applications, including any unauthorized framing or linking to clothmyths, will be investigated. Such an investigation may lead to the subsequent pursuit of appropriate legal action, including and without any limitation, civil, injunctive redress.
Risk of Loss
All clothmyths orders are made pursuant to our shipment contract. The contract stipulates that the risk of loss and also title for such items will be passed to you upon delivery to the carrier by the vendor.
clothmyths and its affiliates attempt to be as accurate as possible. However, clothmyths doesn't warrant that product descriptions, prices, given amounts or other content on clothmyths are accurate, complete, error-free, and reliable. If a product offered by an affiliate on clothmyths websites, mobile sites or applications is not as described, your sole remedy is to return it in unused/new condition.
The selling price, list price, offer price, MRP, or MOP displayed for products on our websites, mobile sites, or applications represent full in detail retail price listed on the product itself, and suggested or offered by manufacturer or the supplier or one of merchants or affiliates, or estimated in accordance with the standard industry practice and/or estimated in retail value for comparably featured item offered else anywhere. The selling price, list price, offer price, MRP, or MOP is a comparative price estimate and may or may not represent prevailing price in every area on any particular day. For certain items that are offered as a set, pack, combo or arrangement, selling price or list price may represent an "open-stock" price, which is determined by the aggregate of manufacturers' price estimations or any suggested retail price for each of the items included in the set, pack, combo, or arrangement. Final price will be applicable to the user's purchase and the required payment will be that which is displayed in the customer's shopping cart. This price may be inclusive or exclusive of any other charges in clothmyths's Terms & Conditions Notice.
Statutory taxes: In the event of any applicable taxes being levied on the seller, it is the seller that is responsible for meeting all of the statutory obligations toward the same, which inter-alia, include the deposit of all applicable taxes and any of the short taxes collected from the customer with authority of government.
Material Submitted by Users
Certain elements of clothmyths websites, mobile sites or applications will contain material submitted by users. clothmyths accepts no responsibility for the accuracy, nature, or conformity to applicable laws of any of such material.
Part of clothmyths websites, mobile sites, and applications contain advertising or other materials submitted to clothmyths by third parties. Responsibility for ensuring the materials submitted for inclusion on clothmyths platforms comply with applicable international and national law is the sole responsibility of advertisers and other content providers. clothmyths will not be responsible for any of the claims, errors, or inaccuracies in the advertising material. clothmyths reserves the right to omit, or change the position of any advertising material submitted for insertion. The acceptance of advertisements on clothmyths will be subject to clothmyths's Terms & Conditions Notice, which are available upon the request.
You shall indemnify and hold harmless clothmyths and its affiliates, third parties, subsidiaries, respective officers, employees, directors, and agents from any claim, demand, actions, or penalties, including the attorneys' fees, made by any third party due to your breach of the User Agreement, Terms & Conditions Notice, rules, regulations or rights of the third party.
User Feedback and Content Submissions
clothmyths welcomes your feedback. In the event you email us or post or embed your comments, messages, feedback, creative or original concepts or ideas, content, data, text, photographs, graphics, or any confidential, proprietary or other information ("submission"), you represent and warrant to clothmyths that you either own the submission or have the right to grant clothmyths the license described below. clothmyths does not claim to own any such submission, only the right you have licensed to us.
You agree that in making a submission, clothmyths shall not be required to compensate you for any such license or submission, that any such submission shall not be considered confidential or non-public once submitted to clothmyths, and that clothmyths alone is free to decide whether or not to post or use the submission. In the event a submission is posted or used by clothmyths, you acknowledge and agree that the submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a submission to clothmyths via the app or other means, you: (a) agree not to make any submission that violates clothmyths's Terms & Conditions Notice in any way; (b) automatically grant clothmyths a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licensable license to use the submission, and exercise all copyright, publicity and other rights with respect to any such submission; (c) are subject to existing laws and waive any moral rights you or your licensors have in any such submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any submission. You also grant each clothmyths user a perpetual, worldwide, non-exclusive license to access your submission through the app or other means, and to use, reproduce, collect, distribute, share, display the aforementioned submission as permitted by clothmyths under these Terms & Conditions Notice.
clothmyths reserves the right to remove content at any time with or without notice. Inappropriate content is not permitted on clothmyths's websites, mobile sites and applications and will be removed.
1. As per guidelines, clothmyths is permitted to send promotional or informational SMS to its registered subscribers in the following situations:
- At the time that a user registers on clothmyths
- Sending referred SMS for a period of six months from the time a customer places a valid order
2.In Concurrence with Guidelines, clothmyths will:
- Keep customers informed on the required procedure for opting-in and-out of SMS promotions service on a periodic basis;
- Obtain renewed approval from subscribers to continue receiving such information every six months;
- Not send any obscene, unauthorized, or objectionable content, message, or communication that is against the public interest, national security, or law of the land or infringes any copyright, intellectual property right, etc.
- Intimate to the subscriber at least once every 30 days the required procedure to opt-out from receiving information;
- Provide all details regarding the necessary procedure to opt-out from receiving such information in every advertisement wherein opt-in procedure is published by media;
- Maintain record of requests made by subscribers for receiving such information for at least three months and provide such record as and when required by authority;
clothmyths shall have no liability to you for any interruption or delay in the access to websites, mobile sites, or applications, irrespective of any cause.
If any dispute arises between you and clothmyths in connection with validity, interpretation, implementation, or alleged breach of any provision of the User Agreement and/or Terms & Conditions Notice, said dispute shall first be referred to a sole arbitrator who shall be an independent and neutral third party identified by clothmyths.
This site is created and controlled by clothmyths. The laws of UK shall apply in respect of all Terms & Conditions Notice and disclaimers. clothmyths reserves the right to make changes to the Terms & Conditions Notice and disclaimers at any time, without any notice to users of clothmyths services. Users are advised to regularly check for any amendments or updates to the Terms & Conditions Notice contained herein.
Sales, Customs and Value-Added Taxes
In an effort to remain compliant with respective consumer legislation, we strongly encourage our customers to maintain good standing with respect to custom and value-added taxes or VAT, where applicable.
Due to separate and applicable tax jurisdictions, the end customers' purchases may be subject to specific sales, custom or VAT, and the shipping time and associated cost may increase.
These Terms & Conditions Notice constitute an entire agreement between parties with respect to subject matter hereof and supersede and replace all prior or contemporaneous written or oral understandings, agreements, or subject matter. Clauses shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
You agree, undertake, and confirm that you shall not host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which you do not have any right;
- information that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, racially or ethnically objectionable, disparaging, related to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law in force;
- deceives or misleads addressees about the origin of any such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates others;
- contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any digital device;
- Threatens unity, security integrity, friendly relations with foreign states, defense, or public order, or causes incitement to commission of any cognizable offense, prevents investigation of any offense, or is insulting to any other nation.