Use of the Platform or Services
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using The Tailormade website located at www.thetailormade.in, and all associated sites linked to The Tailormade, or any similar platform (hereinafter collectively, The Tailormade Platform, having its registered office at SOUTH EXTENSION-I, N-9, PART 1, NEW DELHI, NEW DELHI, SOUTH DELHI, DELHI, 110049 on any device and/or before availing any services offered by Tailormade on the Tailormade Platform which may include services such as purchasing clothing or any other service that may be offered by the Tailormade on the Tailormade Platform (hereinafter individually, and collectively, the Tailormade Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Our Services, offered by The Tailormade.
By registering on, accessing, browsing, downloading or using the Tailormade Platform for any general-purpose or for the specific purpose of availing any Tailormade Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Tailormade Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific T&Cs in relation to any Tailormade Service or any future service that may be offered by Tailormade on the Tailormade Platform. By registering on, accessing, browsing, downloading, or using (as applicable) the Tailormade Platform or availing any Tailormade Service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the Tailormade Platform and immediately terminate Your availing the Tailormade Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the Tailormade Platform or a customer, donor or beneficiary of the Tailormade Services. All services are rendered by Tailormade through the Tailormade Platform under the brand name “Tailormade” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Tailormade, regarding Your use of Tailormade’s digital services (which includes browsing & purchasing clothing), or any such other services which may be added on the Tailormade Platform and which will henceforth be a Tailormade Service, from time to time. The Tailormade Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Tailormade grants You a personal, nonexclusive, non-transferable, limited, revocable privilege to enter and use the Tailormade Platform and/or avail the Tailormade Services.
You agree to indemnify, defend and hold harmless The Tailormade and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Ownership; Proprietary Rights
All content included in or made available through the thetailormade.in, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of TheTailormade and is protected by the Indian and International Copyright laws.
If any dispute, controversy or claim arises under this Agreement or in relation to any Tailormade Service or our Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Tailormade may elect to resolve any Dispute by binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Any arbitration shall be confidential, and neither You nor Tailormade may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between You and Tailormade. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
Governing Law and Forum for Disputes
Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against Tailormade must be resolved by a court having jurisdiction in Delhi, India. You agree to submit to the personal jurisdiction of the courts located within Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.