TERMS & CONDITIONS

This document is an electronic record as per the Information Technology Act, 2000 & rules thereunder and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. It is published following the provisions of rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of www.getketch.com. Please read the following terms and conditions very carefully as the use of our services is subject to your acceptance of and compliance with the following terms and conditions. By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms, regardless of how you subscribe to it or use the services. If you do not want to be bound by the terms, you must not subscribe nor use our services.

Introduction

Welcome to the website of getketch.com, a service provided, owned and operated by Brand Studio Lifestyle Private Limited (BSPL). Its Registered Office is in Bangalore. For using getketch.com you are deemed to have accepted the terms and conditions of the agreement listed below, which may be revised from time to time for an indefinite period. You agree that you are bound by such terms till the time you access our services. If you want to ask us anything about terms & conditions or have any queries about getketch.com, please write to us at [email protected].

User Account, Password, and Security:

If you use our platform, you shall be responsible for maintaining the confidentiality of your display name and password and for all activities that occur in your account. You agree that if you provide any information that is untrue, inaccurate or incomplete, we shall have the right to indefinitely suspend/ terminate/ block your access on the platform.

You agree to

• immediately notify us of any unauthorized use/breach of your password or account and
• ensure that you exit from your account at the end of each session.

Services Offered:

We provide several Internet-based services through the platform. One such service enables users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands. They can be purchased from various modes of payment. The purchase of products shall be additionally governed by the specific policies of sale, like cancellation policy, exchange policy, return policy etc (refer to FAQ tab). It is clarified that at the time of creating a return request, users are required to confirm that the product being returned is unused and its original tags are intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined. In case the return request is declined, the user shall not be eligible for a refund, and we assume no liability in this regard. Furthermore, in case the customer fails to accept the receipt of the said re-shipped product, the customer shall continue to be ineligible for a refund, and we assume no liability concerning the return or refund of the said re-shipped product. In addition, these Terms of Use may further be supplemented by product-specific conditions.

We at getketch.com strive to maintain the accuracy, reliability of products among others to deliver a hassle-free experience. However, we do not assume liability in this regard.

User Conduct and Rules on the Platform:

You agree, undertake and confirm that the use of our platform shall be strictly governed by the following binding principles:

• You shall not host, display, upload, modify, publish, transmit, update or share any information which:
  • belongs to another person and to which you do not have any right to.
  • is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
  • is misleading in any way.
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
  • promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory.
  • infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity.
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
  • provides instructional information about activities such as making or buying illegal weapons, violating someone's privacy, or creating computer viruses.
  • contains video, photographs, or images of another person (with a minor or an adult).
  • tries to gain unauthorized access or exceeds the scope of authorized access to the platform or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the platform or solicits passwords or personal information for commercial or unlawful purposes from other users.
  • interferes with other user’s use and enjoyment of the platform.
  • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or involves the sale of counterfeit or stolen products
  • violates any law for the time being in force
  • threatens the unity, integrity, defence, 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
  • is false, inaccurate or misleading
  • cause us any lose of (in whole or part) the services of Our Internet Service Provider ("ISPs") or other suppliers
• A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios is met:
  • Users doesn't reply to the payment verification mail sent by us
  • Users fails to produce adequate documents during the payment details verification
  • Misuse other user’s phone/email
  • Using an invalid address, email and phone number
  • Overuse a voucher code
  • Use a special voucher not tagged to the registered email ID.
  • User returns the wrong product
  • User refuses to pay for an order
  • User is involved in the snatch and run of any order
  • Miscellaneous activities are conducted with the sole intention to cause loss of business/revenue to us
  • User with a very high return rate
  • Repeated request for monetary compensation of fake/used order.
• We may also cancel any order that classifies as unfulfillable order due to any unforeseeable circumstances or technical glitch or quality check before dispatch at our warehouse or at any stage of the product delivery without prior information to customer.
• We may cancel any order that classifies as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. The order can be classified as 'Bulk Order'/'Fraud Order' if it meets the below-mentioned criteria or any additional criteria as defined by us:
  • Products ordered are not for self-consumption but for commercial purposes.
  • Multiple orders are placed for the same product at the same address, depending on the product category.
  • Bulk quantity of the same product is ordered
  • The invalid address is given in the order details
  • Any malpractice used to place the order
  • Any promotional voucher used for placing the 'Bulk Order' may not be refunded
  • Any order placed using a technological glitch/loophole.
• You shall not use the platform for any unlawful and fraudulent purposes, which may cause annoyance, inconvenience and abuse of any policy and rules of the company and interrupt or causes to interrupt/damage the use of the platform by other users.
• You shall not use any false e-mail address, impersonates any person or entity, or otherwise mislead us by sharing multiple addresses and phone numbers or transacting with mala fide intentions.
• You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
• You shall not attempt to gain any unauthorized access to any portion or feature of the platform, or any other systems or networks connected to the platform or to any server, computer, network, or to any of the services offered on or through the platform, by hacking, password "mining" or any other illegitimate means.
• You should not pretend that you are or represent someone else, or impersonate any other individual or entity.
• You shall ensure the full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Services Tax, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction of an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
• The content posted does not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of content and/or appearance of content on the platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information that it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
• We value feedback from our customers.
• All relevant reviews received are checked before making them live on the website.
• All relevant reviews are made live post our Customer Service Team's interaction with verified customers.
• We hereby disclaim any guarantees of exactness as to the look, appearance, size, color etc., of the final product as ordered by the user. Our Return & Exchange Policy offers you the option to return or exchange items purchased from our portal within the return/exchange period for 1 time per order (Please read the Product Detail Page to see the number of days up to which a product can be returned/exchanged, post-delivery). In case of the return of the purchased item, please refer to the "Return Policy" on our portal.
• We make sure that your orders are verified & perfectly packed when they are dispatched from our order-processing unit. However, it goes through multiple touch points at our logistics partner before reaching you. We urge you to not accept any tampered / unsealed packages. Also, we humbly request you to share a parcel opening video footage without pause & cut along with the claim for any missing product/damaged product.

Ketch Wallet Terms and Conditions

• Instant credit is offered in the wallet, allowing immediate access to funds. However, it's important to note that any partial payments must be covered using prepaid payment options available on checkout page.
• Please note that any exceptional refunds will be processed to Ketch wallet and cannot be transferred to account.
• Ketch wallet credits cannot be transferred to account.

Terms and Conditions for Product Reviews & Face of the Week-

1. By participating in the "Feature On Website" (FOW) contest, you agree to abide by these terms and conditions.
   

   To enter the FOW contest, you must:

   a. Purchase an outfit from Getketch.com.
   b. Take a clear picture of yourself wearing the purchased outfit.
   c. Post a review along with the picture under the respective order under "my orders" section on Getketch.com.

2. By posting your review and picture, you grant Getketch.com the right to feature your image and review on the website.
3. Participants stand a chance to win Rs.2500/- in Ketch Wallet credit by participating in the FOW contest. The winner will be selected by Getketch.com based on the quality of the review and picture.
4. Getketch.com reserves the sole right to select the participants and winner of the FOW contest.
5.  Winners will be notified through email or any other mode of communication deemed appropriate by Getketch.com.
6. By participating in the FOW contest, you consent to the use of your name, image, and review for promotional purposes by Getketch.com.
7. Getketch.com reserves the right to modify or cancel the FOW contest at any time without prior notice.
8. Employees of Getketch.com and their immediate family members are not eligible to participate in the FOW contest.
9. Participation in the FOW contest implies acceptance of these terms and conditions in full.

Mobikwik Cashback Offer Terms & Conditions:

• Get up to 15% Cashback on paying via Mobikwik wallet @ KETCH
• Offer valid on a minimum transaction of Rs.999
• Offer valid once per user in a month
• Offer Valid Till June 30th, 2024.
• No Coupon Code is Required to avail of the offer.

Terms & Conditions for Coupons:

• These promotions are time bound and details of current valid coupons the promotion will be available on the App and desktop https://getketch.com/coupon
• The offer might get communicated to customers via social media notification or e-mailers or sms which will land users on the offer page.
• The offer will be available for select set of styles, App and desktop banners will link to list of styles where offer is running.
• As a part of offer there will be extra discounts provided on the selected catalogue applicable for this offer. These discounts will be rendered through coupons as communicated in the offer.
• Coupon discount is over and above the discounts running on products and is calculated on post discounted price.
• As a part of the construct, some coupons get applicable only if the total value of post discounted price of all the products in the shopping cart exceeds a minimum threshold as mentioned. "Add Coupon" within Shopping Cart. Some coupon benefits can be availed once per customer.
• Multiple coupons code can’t be clubbed together in one transaction.
• Coupon benefit not valid if Bill Value reduces due to returns & Refund value will be processed excluding coupon discount.
• Brand studio lifestyle Pvt Ltd. reserves the right to amend the terms and conditions from time to time for usage of coupon as required.
• Coupon not applicable on Deal of the day items.

Contents Posted on Platform:

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is either in-house or third-party user-generated content and we have no control over such third-party user-generated content as we are merely an intermediary for this Terms of Use. We shall be entitled to, consistent with Our Privacy Policy as adopted following applicable law, use the content or any of its elements for any type of use forever, including, but not limited to, promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content you provide on the platform.

You may use the information of the products and services purposely made available on the platform for downloading, provided that you

• do not remove any proprietary notice language in all copies of such documents,
• use such information only for your personal, non-commercial purpose and do not copy or post such information on any networked computer or broadcast it in any media,
• make no modifications to any such information, and
• do not make any additional representations or offer a warranty related to such documents.

Disclaimer of Warranties and Liabilities:

All the materials, products (including, but not limited to, software) and services, made available to you through our platform are provided on an "as is" and "as available" basis without any representation or warranty, express or implied except otherwise specified in writing. We do not warrant that: platform will be constantly available, or available at all or the information on the platform is complete, true, accurate or non-misleading.

All the Products sold on the platform are governed by different state laws and if the seller is unable to deliver the products due to implications of different state laws, the seller will return or will credit the amount (if any) received in advance by the seller from the sale of such product that could not be delivered to you. You will be required to enter a valid phone number while placing an order on the platform. By registering your phone number with us, you give consent to us to contact you via phone calls and/or SMS notifications, for any order/shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

E-Platform for Communication:

You agree, understand and acknowledge that it is an online platform that enables you to purchase products listed on the platform at an indicated price at any time. You further agree and acknowledge that we are only a facilitator and is not and cannot be a party to any transactions on our platform.

Indemnity

You agree to defend, indemnify the employees, directors, officers, agents of getketch.com from and against any 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 getketch.com or any third party including, but not limited to, breach of any warranties, representations, undertakings or with the non-fulfilment of any of your obligations under this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or getketch.com. You may terminate this User Agreement at any time by informing us in writing through the Indian Postal System by registered post, that you no longer wish to be associated with this website/app, provided that you discontinue any further use of this Website/app.

getketch.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/app. Such termination will be without any liability. Upon any termination of the User Agreement by either you or getketch.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website/app, as well as all copies of such materials, whether made under the User Agreement or otherwise. However, the rights of getketch.com 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 Website/app or affect any liability that may have arisen under the User Agreement.

Limitation of liability and disclaimers

The Website/app is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website/app.

The Website/app provides content from another Internet website/app or resources and while getketch.com tries to ensure that material included on the Website/app is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. getketch.com will not be responsible for any errors, omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website/app.

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.

Under applicable law, getketch.com or its suppliers shall not be liable for any indirect, incidental, special, 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 website/app, its services or User Agreement.

Without prejudice to the generality of the section above, the total liability of getketch.com arising out of this User Agreement is limited to the amount charged to you, against the value of the products ordered by you.

The associates and technology partners of getketch.com 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 Website/app or that the operation of the Website/app will be error-free and/or uninterrupted. Consequently, getketch.com assumes no liability 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 Website/app; and/or any interruption or errors in the operation of the Website/app.

By providing your phone number to us, You give us consent to contact you via one call and/or SMS notifications, in case of any transactional messages (i.e.) order, shipment delivery, returns, refund-related updates. If your phone number is registered under the National Do Not Call Registry, we will not use your personal information to initiate any promotional phone calls or promotional SMS.

Delivery Related - User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non-delivery of order or signature verification) shall be notified to us within 48 Hours from the alleged date of delivery of product reflecting on our portal. Non-notification by you of non-receipt or non-delivery within the period specified shall be construed as a deemed delivery in respect of that transaction. We disclaim any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 48 Hours from the alleged date of delivery of product reflecting on our portal.

Entire agreement

If any part of this agreement is determined to be invalid or unenforceable according 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 rest of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and getketch.com concerning the getketch.com website/app/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and getketch.com concerning the getketch.com website/app/services. getketch.com's failure to act concerning a breach by you or others does not waive its right to act concerning 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 the 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 India and abroad 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 Website/app.

Governing law and jurisdiction

This User Agreement shall be construed following the applicable laws of India. The Courts at Bangalore 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 Brand Studio Lifestyle Private Limited. and his decision shall be final and binding on the parties hereto. The above arbitration shall be following the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore. The High Court of judicature at Bangalore alone shall have the jurisdiction and the Laws of India shall apply.

Modification of terms and conditions of service

getketch.com may at any time modify the User Agreement without any prior notification to you. After any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on getketch.com. You can access the latest version of the User Agreement at any given time on getketch.com. You should regularly review the User Agreement on getketch.com. In the event the modified User Agreement 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 User Agreement.

Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Mr. Mahesh Birla
Designation: General Manager, Finance
Brand Studio Lifestyle Pvt Ltd,
#113, Krishna Reddy Industrial Area, Kudlu Gate,
Hosur Road, Bangalore, Karnataka : 560068, India
Contact us: [email protected]
Phone: +91-80-45333500
Time: Mon - Fri (9:00 - 18:00)

IT Grievance Officer:

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the IT Grievance Officer are provided below:

Mr. Dhinakar
Designation: IT Head
Brand Studio Lifestyle Pvt Ltd,
#113, Krishna Reddy Industrial Area, Kudlu Gate,
Hosur Road, Bangalore, Karnataka : 560068, India
Contact us: [email protected]
Phone: +91-80-45333500
Time: Mon - Fri (9:00 - 18:00)