Terms & Conditions

  |  Terms & Conditions

YOUR ACCEPTANCE OF THIS AGREEMENT

Welcome to AsosIndia.com. This website is owned and operated by

ASOS & Co.,

003, B-22, Shri Anmol,
Shanti Nagar, Poonam Sagar Road, Sector 9, Mira Road (EAST),

Thane-401 107, INDIA.

By visiting, browsing and/or using our website and

accessing the information, resources, services,

products, and tools we provide,

you understand and agree to accept and adhere

to the following terms and conditions as stated in this policy

(hereafter referred to as ‘User Agreement’),

along with the terms and conditions as stated in our Privacy Policy

(please refer to the Privacy Policy section below for more information).

You also affirm that you are more than 18 years of age and

are fully competent to enter into the terms, conditions, obligations, affirmations, representations, and

warranties consequent to the creation of the documents,

and are aware of the same.

CHANGES

We may periodically change, modify, add or remove portions of these Terms and the Site at our sole discretion and without any prior notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon your visit to the Site and any use of the site after such revisions have been posted signifies your consent to the changes. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications.

Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. ASOS may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. ASOS assumes no responsibility regarding the accuracy of the information that is provided by herein and use of such information is at the recipient’s own risk.

 

USE & APPROACH

We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively “Materials”) for the services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.

To go through our resources and services, sometimes you need to provide the information like identification, email, phone number, contact details, etc. This information is required for any registration process or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

If you use any of the services which are provided by ASOS through any means other than the means we provide is strictly prohibited. You particularly should not get (or

endeavor to get) any of our Resources through any robotized, automated, unethical or illegal means.

Participating in any act whether directly or indirectly that upsets or meddles with our Resources, including the servers and/or systems, to which our Resources are found or joined, is entirely prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited. In case any losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, then you shall be solely responsible and may incur criminal or civil liability.

We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users from these various communication tools, which means that if you choose to use these tools to submit any type of content on our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  • Contains any type of unauthorized or unsolicited advertising;
  • constitutes or contains false or misleading indications of origin or statements of fact;
  • slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
  • causes injury of any kind to any person or entity;
  • infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
  • violates any applicable laws, rules, or regulations;
  • contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any
  • computer software or hardware or telecommunications equipment;
  • Impersonates any person or entity, including any employees or representatives of AsosIndia.com

AsosIndia.com takes no responsibility and assumes no liability for any content posted by you or any third party on our site or on any mediums of AsosIndia.com.

However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any third party copyrights or trademarks, becomes the property of AsosIndia.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy

You further acknowledge that conduct prohibited in connection with your use of the portal includes, but is not limited to, breaching or attempting to breach the security of the Site or any of the mediums of AsosIndia.com.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

You are prohibited from data mining, scraping, crawling, or using any process or processes and you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by ASOS & CO., its subsidiaries, parent companies, and/or any third party owner of such rights.

While every attempt has been made to ascertain the authenticity of the Platforms content, ASOS & CO. is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.

Further, You also agree to indemnify and hold harmless AsosIndia.com a property of ASOS & CO. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Timeline for execution & completion of task

Timelines as mentioned for work completion are estimations and should not be construed as an agreed promise from ASOS & CO.. Work completion is dependent on multiple externalities such as government department and third party vendors (e.g, CAs, CS, payment gateway). We will have limited warranties in such cases. ASOS & Co. won’t be at risk for any immediate, backhanded, coincidental, considerable or model misfortune or harms which may be brought about by you as a consequence of utilizing our Resources, or as an aftereffect of any progressions, information misfortune or defilement, cancellation, loss of access, or downtime to the full degree that appropriate restriction of obligation laws apply.

Privacy

ASOS & Co. is committed to protecting the privacy and confidentiality of any personal information. Your privacy is vital to us, for which we have created altogether distinct Privacy Policy in order to explain in detail how we procure, use, manage, process, safeguard and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

 

Limitation of Warranties

 

By utilizing our site, you understand and agree that all Resources we provide are “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. This implies we don’t represent or warrant to you that:

  1. a) The utilization of our Resources will address your issues or necessities.
  2. b) The utilization of our Resources will be continuous, convenient, secure or free from blunders.
  3. c) The data got by utilizing our Resources will be precise or solid, and
  4. d) Any imperfections in the operation or usefulness of any Resources we give will be repaired or amended.

Moreover, you comprehend and concur that:

  • Any substance downloaded or generally got through the utilization of our Resources is done at your own particular attentiveness and hazard and that you are singularly in charge of any harm to your electronic equipment or different gadgets for any loss of information that may come about because of the download of such substance.
  • No data or exhortation whether communicated, suggested, oral or composed, acquired by

you from www.AsosIndia.com or through any Resources we give should make any guarantee, ensure, or states of any sort, with the exception of those explicitly laid out in this User Agreement.

Limitation of Liabilities

 

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. www.AsosIndia.com will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime or incomplete bank transaction where amount has been debited from user account but no receipt has been generated or due to any cyber crime or hacking.

The user of the platforms assumes all responsibility and risk for the use of this platforms and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.

ADDITIONAL DISCLAIMER:

Users using any of ASOS & Co. service across the following mediums i.e. through internet i.e www.AsosIndia.com Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction).

ADVERTISERS

ASOS may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on AsosIndia.com is accurate and complies with applicable laws. ASOS & Co. will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials.

ERRORS AND CORRECTIONS

ASOS & Co. does not represent or warrant that the service will be error-free, free of viruses or other harmful components, or that defects will be corrected. ASOS & Co. may make improvements and/or changes to its features, functionality or service at any time.

THIRD PARTY CONTENT

Third party content may appear on AsosIndia.com or may be accessible via links from AsosIndia.com. ASOS & Co. is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity or profanity in the statements, opinions, representations or any other form of information contained in any third party content appearing on AsosIndia.com. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of ASOS & Co..

 

Copyrights/Trademarks

All substance and materials accessible on www.AsosIndia.com, including however not

restricted to content, design, site name, code, pictures, and logos are the intellectual licensed property of ASOS & CO. and are secured by appropriate copyright and trademark law. Any improper use, including yet not constrained to the generation, appropriation, presentation or transmission of any substance on this site is entirely precluded unless particularly approved in writing by ASOS & CO..

Termination

 

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

REMEDIES FOR VIOLATIONS

ASOS & Co. reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including but not limited to the right to block access from a particular Internet address to AsosIndia.com and its features.

SEVERABILITY OF PROVISIONS

The Agreement and the Privacy Policy constitute the entire agreement with respect to the use of the service provided by ASOS & Co. If any provision of these terms and conditions is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Email and SMS

On selection of email/sms alert service You agree & grant non-exclusive, permission & irrevocable right to send emails, sms & alerts as decided by ASOS & Co.

INDEMNIFICATION:

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

Law of Land

 

This website is controlled by ASOS & CO. from our office located in the state of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India, by accessing our website, you agree that the statutes and laws of Maharashtra, India, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and ASOS & Co. ASOS & Co. reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. ASOS reserves the right to seek all remedies available at law and in equity for violations of these Terms.

Cancellation and Refund

Cancellation of the request is unrealistic once the fees either in part or full have been paid. No discounts will be given with the exception of, in the occasion of cancellation or non-execution of contract. Liability if any will not exceed the amount of fees paid. Service Tax once collected and deposited with Service Tax Department, will not be refunded to user. Users are advised to make payments under their best decision.

Ensure

Unless otherwise expressed, www.AsosIndia.com controlled by ASOS & CO. expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

Contact Information

In case you have any inquiries or remark about our Terms of Service as laid out above, you can get in touch with us at:

 

ASOS & Co.

003, B-22, Shri Anmol, Shanti Nagar, Poonam Sagar Road, Sector 9, Mira Road (East), Thane-401107, India

NOTE

This document is published in accordance with the provisions of Rule 3 (1) of the information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.AsosIndia.com website.

These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.