TERMS OF USE

These TERMS OF USE (the “Terms”) governs how you (“User”) may use the Service provided by Absolutemens.com Fashion Services Private Limited , (“Company”) and its affiliates. The absolutemens.com (the “Website”) is owned by Absolutemens.com Fashion Services Private Limited  which grants you the right to use the Website and all the Services available through the website (collectively the “Services”) subject to the terms and conditions set forth below.

Your use of the website, Services and tools herein, are governed by the Terms of use (“Terms”) together with the “Privacy Policy” at (https://absolutemens.com/web/terms_and_conditions) which outlines how we collect, use and share data in our Website and provide Services and constitutes collectively your agreement with us (“Agreement”).

ASSESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

Definitions

Account means a unique account created for You to access our Service or parts of our Service.

Account related information: “Account related information” means contact information and details about customer for marketing, opening new user accounts to use our Services and, to maintain existing accounts.

Claims: “Claims” means, collectively, claims, demands, suits, losses, damages, liabilities, costs, actions, judgements and, expenses including reasonable attorney’s fees.

Customers: “Customer” “You” “Your” are the users who as use our Services through the Website.

Customer content: “Customer Content” means data or content in the customer properties to which the Company has access and, any other data, customer submits to the Company, or Company generates for customer in connection with the use of the Services.

Device means any device that can access the Service such as a computer, a phone or a digital tablet.

Intellectual property rights: “Intellectual property rights” means all forms of intellectual property rights and protections, not known or hereafter established, that may be obtained for, or may protect, technology or other assets, which includes, but is not limited to, all right, title, and interest in foreign patents, patent application, trade secret and non-disclosure rights, copyrights and author’s rights, and Trademark, Service marks, trade names, product names and brand names.

Orders mean a request by You to purchase Products from Us.

Personal identifiable information: “Personal Identifiable Information” means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonable be linked, directly or indirectly to an identified or identifiable living natural person including but not limited to: (i) name, (ii) postal address (iii) IP address (iv) email address (v) account name or other similar identifiers.

Products refer to the products or items offered for sale on the Service.

Vendors refers to all the sellers who have listed their products on the website for the customers.

Website refers to Absolutemens.com, accessible from https://absolutemens.com/web   

SERVICE FOR CUSTOMERS

We strive to bring purpose-driven brands to our customers who seek more than just generic products. Our website serves as a one-stop-shop for curated products, designed to solve specific problems, making it easier for our customers to choose the right product without feeling overwhelmed by choice anxiety.

As an aggregator, we do not sell the products directly but list them on our website for our customers to explore. Our network of vendors is carefully selected, ensuring that they provide high-quality products resulting into a seamless and enjoyable shopping experience. When a customer makes a purchase on our website, the order is then sent to the vendor who fulfills and ships the product directly to the customer. The website securely sends the buyer's payment information to the payment gateway, which then authorizes and processes payments.

ENTIRE TERMS

These Terms shall:

  • apply to and be incorporated into any Services to be provided by Absolutemens.com to the customer, and
  • prevail over any inconsistent terms or conditions contained in, or referred to in, the customer’s purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.

The customer contacts with Absolutemens.com Fashion Services Private Limited  under this agreement and Absolutemens.com Fashion Services Private Limited  agrees to provide the Services in accordance with the applicable request of the customer.

INTELLECTUAL PROPERTY RIGHTS

We are the owner of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Website (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws.

We grant you a non-exclusive, non-transferable, revocable license to access the services solely for your personal, non-commercial use or internal business purpose only. Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, publicly displayed, encoded, distributed, sold or licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

By using our Services, you agree on behalf of yourself, and your attendees not to:

  1. Knowingly or negligently use our Services in a way that abuses or disrupts our networks, user accounts, or the Services;
  2. Make improper use of our support services or submit false reports of abuse or misconduct.
  3. Use the Services in violation of applicable laws, or any applicable regulations;
  4. Transmit through the Website any material that may infringe the intellectual property, privacy, or other rights of third parties; or
  5. Use the Services to commit fraud or impersonate any person or entity.
  6. Use the Services for any illegal or unauthorized purpose nor may you, in the use of Services, violate laws in our jurisdiction, including but not limited to copyright laws;
  7. Transmit any worms or viruses or any code of a destructive nature.
  8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

 A breach or violation of any of the terms will result in an immediate termination of your access to our Services.

USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you will not access the Services through automated or non-human means, whether through a script or otherwise; (3) you will not use the Services for any illegal or unauthorized purpose; and (4) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify Us of any unauthorized use, or suspected unauthorized use of your Account.  We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

WARRANTIES AND DISCLAIMERS

THE SERVICES ON THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT CUSTOMERS USE OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE WARRANT THAT WE WILL REVIEW THE CUSTOMER CONTENT FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN THE CUSTOMER CONTENT WITHOUT LOSS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. THE CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY RECQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE THE ABSOLUTE PREVENTION OF CYBER ATTACKS SUCH AS HACKING, SPYWARE, AND VIRUSES. ACCORDINGLY, WE SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED DISCLOSURE, LOSS OR DESTRUCTION OF CUSTOMER CONTENT ARISING FROM SUCH RISKS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH A MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

This clause sets out the entire financial liability of Absolutemens.com (including any liability for the acts or omissions of its employees) to the other party arising under or in connection with the Agreement, in respect of any use made by the customer of the Services and/or the deliverables or any part of them, and in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Agreement.

Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. In no event will our total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of website, regardless of the form, cause of action or the alleged basis for any claim, exceed the amount paid by you to Absolutemens.com, if any, for accessing the website. The existence of more than one claim will not enlarge this limit. 

Subject to any provisions in this Agreement wherein indemnity provided by Company:

  1. the Company or its directors shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses against Customers and their property during the provision of Services.
  2. Whilst we will use our reasonable endeavors to make sure that any customer content and materials provided to us are not lost or damaged, we will not be responsible or liable for any loss or damage that may occur to them.

INDEMNIFICATION

You agree that you will indemnify and hold harmless company and its directors, officers from and against any and all Claims arising out of or rising in connection with

  1. your use of the Services as well as website, including but not limited to any information or content that you post on our website;
  2. Any breach of applicable law by the Customers for the time being in force, or in any intellectual property rights of any third party including but not limited to their patents and copyrights;
  3. Claims and complaints from vendors, regarding their Services, wrongful acts of customers, intentional and unintentional actions that caused harm;
  4. All action suits, proceedings, cost, charges, expense and other liabilities brought against, suffered or incurred by the Company, by reason of any breach, non-performance or non-observance by the customer of any of their obligations under this agreement.

MODIFICATIONS AND ERRORS

We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

GOVERNING LAW

This website is created and controlled by Absolutemens.com Fashion Services Private Limited . If there is any dispute about or involving the website and/or the Service, directly or indirectly arising out of or, or relating to these Terms, including, without limitation, leading to its validity, its construction or enforceability, you agree that the dispute will be governed by the laws of India and the courts in Karnataka will have the jurisdiction to govern the matter.

GENERAL

Severability: In the event, that any provision of these Terms is determined to be unlawful, void or unforeseeable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions. If any term hereunder is determined by a court of competent jurisdiction to be invalid, all remaining terms will remain in full force and effect.

Termination: These Terms are effective and will remain in full force and effect while you use the Site. You may terminate the agreement at any time, provided that you discontinue any further use of this Website. We may terminate the agreement at any time and may do so without notice, and accordingly deny you access to the site, such termination will be without any liability to the website. Any such termination of the Terms or Agreement, shall not cancel your obligation to pay for the Services already ordered from the website or affect any of your liability that may have arisen against us or the vendors.

Entire agreement: These terms along with the privacy policy available at https://absolutemens.com/web/terms_and_conditions is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancel all previous written and oral agreements and communications relating to the subject matter of this agreement.

Force Majeure: Neither Company nor the vendor will be liable to the customer for any delay or failure to perform any obligation into this Agreement (except for a failure to pay money), if the delay or failure is due to unforeseen events that occurred after the offer requesting for these Services was made by customer, or after rendering of Services by the Vendor, that are beyond the reasonable control of such party (each, a “force majeure” event) such as strike, war, act of terrorism, riot, natural disaster, failure of power or data or telecommunications network or Services.

DISPUTE RESOLUTION

If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting Us before initiating arbitration or litigation. Such informal negotiations commence upon written notice from one Party to the other Party.

CHANGE TO THE TERMS

You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of, or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

CONTACT INFORMATION

If you have questions or concerns regarding these Terms, please contact our support at: grievance@absolutemens.com

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