1. Introduction and Acceptance of Terms
These Terms of Use constitute a legally binding agreement governing the access to, browsing of, registration on and use of the website Nitikabali.com,and any other digital platforms, microsites or interfaces operated or controlled by Arum Apparel LLP, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at G-110, 2nd Floor Sector 63 Noida (hereinafter referred to as the “Company”, “We”, “Us” or “Our”). The Platform is operated for the purposes of marketing, promoting, selling, distributing and delivering fashion apparel, footwear, accessories, lifestyle products and allied merchandise, as well as providing customer support, digital services, influencer campaigns, loyalty programmes and other brand-related activities. By accessing, browsing, registering, transacting or otherwise using any part of the Platform, You (“User”, “You” or “Your”) expressly acknowledge that You have read, understood and agreed to be bound by these Terms of Use together with the Privacy Policy, Return and Refund Policy, Shipping Policy and any other policies or notices published on the Platform from time to time, all of which together form a single, integrated and legally enforceable agreement between You and the Company. If You do not agree with any of these terms, You must immediately discontinue all access to and use of the Platform.
2. Legal Nature of These Terms
These Terms of Use constitute an electronic record in terms of the Information Technology Act, 2000, the rules framed thereunder and the Digital Personal Data Protection Act, 2023, and shall be deemed to be a legally valid and enforceable contract without requiring any physical, electronic or digital signature. Your continued access to or use of the Platform, including merely browsing, shall constitute Your acceptance of these Terms and Your acknowledgement that this Agreement is legally binding upon You in the same manner as a signed written contract.
3. Eligibility to Use the Platform
You represent, warrant and confirm that You are at least eighteen (18) years of age and are legally competent under Indian law to enter into a binding contract. In the event You are below the age of eighteen years, You may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by these Terms on Your behalf and who shall be responsible for all acts, omissions, purchases, communications and data shared through Your account. The Company reserves the right to suspend or terminate accounts where it has reason to believe that a User does not meet the eligibility criteria.
4. Account Registration and Responsibility
In order to access certain features of the Platform, including placing orders, viewing order history and availing returns or refunds, You may be required to create an account by providing accurate, current and complete information. You agree to keep such information updated at all times and acknowledge that the Company may rely on such information for delivery, communication, compliance and security purposes. You are solely responsible for maintaining the confidentiality of Your login credentials, OTPs and passwords, and for all activities conducted through Your account, whether authorized or not. The Company shall not be liable for any loss, damage or unauthorized transactions arising from Your failure to protect Your account information.
5. Ownership of Platform and Content
All intellectual property rights in and to the Platform, including its design, layout, user interface, software, product images, catalogues, text, graphics, videos, trademarks, trade names, logos, artworks and all other content, are owned by or lawfully licensed to the Company and are protected by Indian and international intellectual property laws. Nothing in these Terms shall be construed as granting you any ownership, license or proprietary right in any such intellectual property, except the limited right to use the Platform strictly in accordance with these Terms.
6. Limited License to Use
The Company grants You a limited, revocable, non-exclusive and non-transferable license to access and use the Platform solely for Your personal and non-commercial purposes of browsing, selecting and purchasing products for Your own use. You shall not reproduce, distribute, resell, commercially exploit, scrape, reverse engineer, decompile, copy, modify or otherwise misuse any part of the Platform or its contents for any commercial or competitive purpose, nor shall You assist any third party in doing so.
7. User Submissions and Content
Any reviews, photographs, comments, feedback, suggestions, ideas, designs or other materials submitted, uploaded or posted by You on the Platform shall be deemed to be non-confidential and You hereby grant the Company a perpetual, irrevocable, worldwide, royalty-free and transferable license to use, reproduce, modify, adapt, display, publish, distribute and otherwise exploit such content for marketing, promotional, commercial and business purposes in any media now known or hereafter developed. You represent and warrant that Your submissions do not infringe the rights of any third party and do not violate any law.
8. Product Display and Accuracy
The Company makes all commercially reasonable efforts to ensure that all product information displayed on the Platform, including descriptions, dimensions, size charts, colours, prices, materials, specifications, and availability, is accurate, complete and up to date at the time of publication; however, You expressly acknowledge that due to factors beyond the Company’s control, including but not limited to manufacturing variations, lighting conditions during photography, screen resolution, display settings of Your device, regional differences, inventory updates and human or technical errors, the actual products delivered may differ slightly from their digital representations. The Company does not warrant that the images, descriptions or any other product-related information are error-free or that the appearance of products as displayed on the Platform will exactly match the physical product delivered, and You agree that such variations shall not constitute a defect, misrepresentation or breach of contract.
9. Pricing and Availability
All prices, discounts, promotional offers, and product availability displayed on the Platform are subject to change without prior notice and may vary based on region, inventory levels, promotional campaigns, taxes and logistics costs. The Company reserves the absolute right, at its sole discretion, to cancel or refuse any order placed by You, including but not limited to orders arising from pricing errors, incorrect product information, stock unavailability, suspected fraudulent activity, misuse of promotional codes, or operational limitations. In the event of cancellation, any amount already paid by You shall be refunded in accordance with the Company’s applicable refund policy, and such cancellation shall not give rise to any claim for damages or compensation.
10. Payment and Transactions
All payments made on or through the Platform are processed using authorized third-party payment gateways and financial institutions, and the Company does not store full payment card details or sensitive financial information. By placing an order, You represent and warrant that You are legally entitled to use the payment method provided and authorize the Company and its payment partners to process and deduct the applicable charges, including taxes, shipping fees and any other amounts payable in connection with Your order. The Company shall not be liable for any payment failures, declines, delays or errors arising from the acts or omissions of payment gateway providers, banks or financial institutions.
11. Delivery, Returns and Refunds
All matters relating to shipping, delivery timelines, order fulfilment, returns, exchanges and refunds shall be governed exclusively by the Company’s Shipping Policy and Return and Refund Policy as published on the Platform from time to time, which are incorporated into these Terms by reference. You agree to comply with such policies, including any conditions, timelines and procedural requirements specified therein, and acknowledge that the Company’s decisions on eligibility for returns, exchanges or refunds shall be final and binding, subject only to applicable consumer protection laws.
12. Prohibited Conduct
You agree that You shall not use the Platform in any manner that is unlawful, harmful, fraudulent, deceptive, abusive, defamatory, obscene, infringing, disruptive or otherwise objectionable, including but not limited to engaging in hacking, spreading malware, posting illegal or infringing content, attempting to gain unauthorized access to systems or data, manipulating pricing or promotional schemes, impersonating other users or interfering with the proper functioning of the Platform. Any such conduct may result in immediate suspension or termination of Your account and may expose You to civil or criminal liability under applicable law.
13. Platform Security
The Company implements commercially reasonable security measures to protect the integrity and availability of the Platform and the data processed through it; however, You acknowledge that no system is immune from cyber risks. Any attempt to compromise the security, stability or integrity of the Platform, including unauthorized access to user accounts, servers or data, shall constitute a material breach of these Terms and may result in immediate termination of access, legal proceedings and reporting to law enforcement authorities.
14. Third-Party Links and External Platforms
The Platform may, from time to time, contain links to, or integrations with, websites, applications, social media platforms, payment gateways, logistics portals, influencer pages or other digital services operated by third parties that are not owned, controlled or managed by the Company. Such links are provided solely for the convenience of Users and do not imply any endorsement, sponsorship or recommendation by the Company of the content, products, services, accuracy, legality or security of such third-party platforms. You expressly acknowledge and agree that the Company has no control over, and shall not be responsible or liable for, any content, practices, data collection, data usage, security measures, pricing, delivery, customer service or other activities of such third parties. Any interaction, transaction or communication between You and any third-party platform is solely between You and that third party and shall be governed by the applicable terms and privacy policies of such third party. You agree that the Company shall not be liable for any loss, damage, fraud, data breach or other harm arising from or relating to Your access to or use of any third-party platform or service.
15. Disclaimer of Warranties
To the maximum extent permitted under applicable law, the Platform, its contents, products, features and services are provided on an “as is” and “as available” basis without any warranties, guarantees or representations of any kind, whether express, implied, statutory or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, reliability, completeness, non-infringement, availability, security or freedom from defects or harmful components. The Company does not warrant that the Platform will be uninterrupted, timely, error-free, virus-free or secure, nor does it warrant that any defects or errors will be corrected. You acknowledge that Your use of the Platform and any products purchased through it is at Your sole risk and discretion, and that the Company shall not be responsible for any dissatisfaction, loss or damage arising from such use.
16. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall the Company, its directors, officers, employees, affiliates, licensors, service providers or partners be liable to You or any third party for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to loss of profits, loss of business, loss of data, loss of goodwill or interruption of business, arising out of or in connection with Your access to, use of, or inability to use the Platform, the purchase or use of any products, or any content or services provided through the Platform, even if the Company has been advised of the possibility of such damages. The Company’s total liability, if any, for any claim arising out of or relating to these Terms or the use of the Platform shall be limited to the amount actually paid by You to the Company for the specific transaction giving rise to the claim.
17. Indemnification
You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, affiliates, agents and partners from and against any and all claims, demands, actions, losses, damages, liabilities, penalties, fines, costs and expenses, including reasonable legal and professional fees, arising out of or relating to Your use of the Platform, Your purchase or use of any products, Your breach of these Terms, Your violation of any applicable law or regulation, or Your infringement of any third-party rights, including intellectual property or privacy rights. This indemnification obligation shall survive termination of these Terms and Your use of the Platform.
18. Suspension and Termination
The Company reserves the right, at its sole discretion and without prior notice, to suspend, restrict or terminate Your account or access to the Platform, in whole or in part, if You violate these Terms, engage in prohibited or unlawful conduct, misuse the Platform, attempt to compromise its security or integrity, or if such action is necessary to protect the Company, other Users or third parties. Upon termination, Your right to access and use the Platform shall immediately cease, and the Company may, without liability, delete or disable access to Your account and any related information, subject to applicable legal requirements for data retention.
19. Governing Law and Jurisdiction
These Terms of Use, and any disputes, claims or controversies arising out of or relating to them or to the use of the Platform, shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. You agree that the courts at Delhi, India shall have exclusive jurisdiction to adjudicate any such disputes, and You hereby submit to the personal and exclusive jurisdiction of such courts.
20. Grievance Redressal Mechanism
In accordance with applicable Indian laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, the Company has appointed a Grievance Officer to address any complaints, queries or grievances relating to the Platform, these Terms or the handling of Your personal data. You may contact the Grievance Officer at Support@Nitikabali.com, and the Company shall make reasonable efforts to acknowledge and resolve Your grievance within the timelines prescribed by law.
21. Severability
If any provision of these Terms is held by a court or competent authority to be invalid, illegal or unenforceable in whole or in part, such provision shall be deemed severed to the extent of such invalidity or unenforceability, and the remaining provisions shall continue in full force and effect and shall be construed so as to best give effect to the original intent of the parties.
22. Entire Agreement
These Terms, together with the Privacy Policy and all other policies, notices and guidelines published on the Platform from time to time, constitute the entire agreement between You and the Company in relation to Your use of the Platform and supersede all prior or contemporaneous communications, understandings or agreements, whether written or oral, relating to the same subject matter.
23. Amendments
The Company reserves the right to modify, amend or update these Terms at any time in its sole discretion by posting the revised Terms on the Platform. Such changes shall be effective immediately upon posting, and Your continued access to or use of the Platform after such posting shall constitute Your acceptance of the revised Terms and Your agreement to be bound by them.
