Terms & Conditions
- The domain https://www.fuelthestore.com including any web-pages thereof is the web-site ("Website") of Kantilal Karia & Co. (hereinafter "FUEL", "we", "us" or "our") having its Registered Office at 539, Sandhurst Bridge, Chowpatty View Bldg, Opp Sukh Sagar Juice Center, Mumbai 400007, India.
- Through the Website we intend to sell our original merchandise including but not limited to clothing, footwear, accessories, jewellery, etc., designed or created by various designers.
- Your access to the Website is subject to these terms and conditions (“Terms”) set out hereinafter and the, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’ or such other policies as may be introduced by FUEL from time to time.
- ACCEPTANCE OF TERMS:
Terms have come into effect immediately.
Use of the Website is available only to persons who can form legally binding contracts under Indian laws. All persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 cannot use the Website. For example if your age is below 18 years or you are an un-discharged insolvent you are prohibited to use this Website or purchase any products from this Website or enter into any form of contract with FUEL. The Website is also not available to persons whose membership has been suspended or terminated by FUEL for any reason whatsoever.
By using the Website or purchasing products from the Website through any computer resource including but not limited to mobile or tablet devices, you agree that you have read and understood these Terms, various policies and signify your acceptance to be bound by them in entirety.
Except where additional terms and conditions are provided which are product specific, these Terms shall supersede all previous representations, understandings, arrangements or agreements.
If you have any queries about the Terms, various policies or have any comments, suggestions or grievances on or about our Website, please mail us your query at email@example.com.
FUEL reserves the right to modify or update these Terms including any policy at any time without prior notice. Access to Website after any modification or revision of these Terms or any policy/policies shall also constitute your acceptance to be bound by such modified Terms or any policy/policies. If required by any Indian laws, the modified or revised Terms or any policy/policies shall be applicable to any products purchased prior to such modification or revision becoming effective.
You acknowledge that these Terms, policy/policies including any modification(s) thereof constitute a valid contract between you and FUEL, even though it is in electronic form and is not physically signed by you and FUEL. Thus you acknowledge and agree that by mere use of the Website, you shall be contracting with FUEL and these Terms and various policies will be binding upon you.
If Indian courts, for any reason hold any of the condition of the Terms or policy/policies as invalid, void or unenforceable, to any extent or in any particular context, such condition of the Terms or policy/policies only shall be deemed to be severed/deleted only for such limited extent/context as determined by the Indian court provided however that, in such event these Terms or any policy shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Indian laws, to the meaning and intention of the excluded condition of the Terms or policy/policies as determined by such Indian court and the validity and force of the remainder of this Agreement shall not be affected.
Unless context otherwise require, all policies whether in force presently or introduced subsequently shall be deemed to be part of these Terms. In case of any conflict between Terms and any policy the provisions of such policy shall prevail.
- LIMITED USAGE OF WEBSITE:
All intellectual property rights in the Website and the proprietary rights of the Website are owned by and/or licensed to FUEL. It is further clarified that the Website including Information, all other contents on the Website such as software, images, audio, videos, photographs, graphics, text, description, logos, text, program, software, database, trademarks, icons, etc., is either owned by FUEL or is licensed to FUEL. You shall not use any intellectual property of FUEL or FUEL’s licensor in any manner without prior written permission from FUEL or from respective licensor.
- FUEL grants you a limited, revocable and non-exclusive licence to access and make personal and non-commercial use of this Website, but not to download (other than page caching) or modify it, or any portion of it. It is clarified that limited licence to access Website shall exclude:
- any commercial use or derivative use of this Website or its contents by you; or
- any extraction, reproduction, duplication, downloading or copying of any whole or part of the contents of Website including product(s) their descriptions and/or prices for any purpose by you; or
- any extraction, reproduction, duplication, downloading or copying in any manner, any Information, either in whole or in part, including account details of FUEL’s employees/ customers/suppliers/designers/models for sale, resale or for the benefit of third parties by you; or
- any reverse engineering, distribution, transfer, transmission, publication, sale, resale, display or licensing any Information available on the Website by you.
It is further clarified that any extraction, reproduction, duplication, downloading, or copying of any content of the Website for commercial or non-commercial purposes or unwarranted modification of Information or content of the Website is not permitted.
FUEL reserves itself right to temporarily or indefinitely suspend or terminate your membership and refuse to provide you with access to the Website without any liability if you make any unauthorised use of the Website or breach these Terms or any policy or violate any applicable Indian laws while accessing Website or purchasing products from FUEL.
- ACCESS TO WEBSITE:
- Website and/or any facilities made available on the Website, in whole or partially, may not be available from time to time for any reason including, without limitation, upgrading of the Website/technology, introduction of new product(s), computer resource repairs and Website maintenance, etc.
- In no event shall FUEL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- use or the inability to use or delay in use of the Website;
- unauthorized access to or alteration of the user's transmissions or data;
- any other matter, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website;
- provision of or failure to provide access to Website or any information, products through the Website;
- non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or pursuant to directives from government authorities or for any reason beyond FUEL’s control.
- Interruptions in the Website shall not serve as a basis to terminate your subscription, purchase order or demand in full or partial refund of any payment made or any reductions in future payments to be made.
- CHANGES TO WEBSITE CONTENTS:
- FUEL, its consultants, contracted parties, technology partners make no representations or warranties about the accuracy, reliability, suitability, timeliness, up-gradation and/or wholeness, of any content, graphics, images, information, software, text, audio, video, links or communications provided on or through the use of the Website or that the operation of the Website will be error free. While FUEL uses reasonable efforts to keep the Website accessible and error free, but FUEL cannot guarantee the same.
- Changes are periodically made to the Website, product(s) and to the price/information/contents of the Website. FUEL and/or its respective suppliers may make improvements and/or changes in the Website, product(s) at any time without any prior intimation or any liability to anyone.
- USER ACCOUNT, PASSWORD, SECURITY AND COMMUNICATION:
- Please ensure that the details provided to us during registration process for your user account or while placing an order as a guest are correct and complete.
- Registered users are requested to update any account information to enable us to serve you better.
- If you are registering as a business entity (i.e. limited company, partnership, limited liability partnership, trust, society, association of persons, etc.), you represent that you have the authority to bind such entity which you are representing with these Terms.
- You will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Website to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity.
- You are solely responsible for maintaining the confidentiality of the password and account details. You shall be fully responsible for all activities that occur through your account. FUEL shall not be liable to any person for any loss or damage arising as a result of your failure to maintain confidentiality of your account details, password and even comply with these Terms.
- You will ensure to exit/sign off from your account at the end of each session.
- If you know or suspect that there has been an unauthorised use of your account or password you shall immediately notify FUEL.
- If FUEL has a reason to believe that there was an unauthorised access of your account or misuse of the Website, we may, for security reasons either (i) request you to change your password or (ii) we may suspend your account without any liability to FUEL.
- You understand that FUEL will never ask you to disclose or share your password. Please ignore any such e-mail or correspondence requesting disclosure of your password.
- You also agree and confirm as under:
- While registering yourself or while placing an order as a guest, you shall provide accurate, correct, complete and up to date information about yourself as requested over the Website. Please note that sale of product(s) to be rendered to you will be dependent upon the Information provided by you. Thus FUEL will not be responsible if the information provided by you is inaccurate, false, incomplete or not up to date;
FUEL has the right to verify and confirm the Information provided by you at any time. If upon verification it is found that the Information shared with FUEL either as a registered user or a guest, is inaccurate, false, incomplete or not up to date in accordance with the Terms, FUEL reserves the right to:
Where you are a registered user:
Temporarily or indefinitely suspend or terminate your membership and refuse to provide you with access to the Website without any liability; and/or
Reject your purchase order or stop delivery of the products, without any liability;
- YOUR OBLIGATIONS:
- You agree and accept, interalia, the following:
- You will abide by all intellectual property right notices, information, and restrictions contained in or associated with any of the products or the Website content;
- Any products sold by FUEL, its affiliates, any contractors, will be used by you for lawful purposes only and intended use of the products shall comply with all applicable Indian laws.
- You shall monitor and restrict use of Internet by minors including minor’s access to the Website. You accept full responsibility for any unauthorized use of the Website by the minors including use of your credit card(s), debit card(s) or other payment instrument (e.g. PayPal) by minors to place any orders on Website. For avoidance of doubt, a minor means person who has not completed 18 years of age.
- You agree and accept that, amongst others, you shall not, directly or indirectly:
- Breach any applicable Indian laws or these Terms while using the Website, purchasing any product through Website ;
- the Website using a false identity or on behalf of anyone else other than yourself.
- Use FUEL’s Website or its product(s) for non-personal use or for commercial use For example: use of the contents on the Website for any advertisement or solicitation or for gathering or transferring products purchased from Website for further sale.
- Portray FUEL, its product(s) in an offensive, hateful, defamatory, inaccurate or false manner.
- Commit or omit to do anything which will adversely tarnish goodwill or reputation of FUEL, its associates, contracting parties, suppliers/designers, etc.;
- Gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt in any way the operation of the Website or any parts thereof;
- Create or submit a submission including any View that is unlawful, grossly offensive, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable Indian laws, rules, regulations or regulatory guidelines under the laws of India or that infringes or violates other parties' privacy rights or links to infringing or unauthorized content or pornographic content.
- Send on behalf of FUEL spam, chain-letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials to anyone including existing customers/designers of FUEL or users of the Website;
- Harass, bully, stalk, harm, defame or disparage or otherwise cause mental or physical distress or injury to anyone, or engage in any other unlawful or objectionable conduct while using the Website, purchasing any product through the Website;
- Use the Website or purchase any product through Website a to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material, data or information, whether personally identifiable or not, posted by or concerning any other user of the Website;
- Violate any of the intellectual property rights or proprietary rights of FUEL, its licensors, its associates, contracted parties, or any third party, etc. while using the Website, purchasing any product through the Website;
- Use software or applications such as bots, crawlers, spiders, offline readers or other automated systems to access or use the Website for illegitimate purpose or for gain or attempt to gain any unauthorised access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt the operation of the Website or any parts thereof. For avoidance of doubt, FUEL reserves its right to prevent anyone from using such software or application even if these software or applications are harmless;
- Misrepresent or suggest, whether expressly or impliedly, about your association with FUEL as anything other than the user of Website or purchaser of FUEL’s product(s);
- Transmit any material that contains adware, malware, spyware, software viruses (such as time-bombs, cancel-bots, worms, trojan horses), or any other computer code, files, or programs designed to interfere, disrupt, interrupt, destroy, or limit the functionality of the Website, any computer software or hardware or telecommunications equipment of FUEL;
- Remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation to geo-IT filtering and/or encryption) associated with the Website or any Website features.
- Subject to these Terms, FUEL hereby grants you a revocable, and non-exclusive right to create a hyperlink to the home page of the Website.
- GOVERNING LAW AND JURSIDICTION:
- Terms and any policy shall be governed by and construed in accordance with the laws of Republic of India.
- Any dispute or difference either in interpretation or otherwise, of any conditions of the Terms hereto, the same shall be referred to the courts in Mumbai, which shall have exclusive jurisdiction.
- NOTICES AND COMMUNICATION:
- Any notice to FUEL under this Agreement may be delivered by prepaid post to following address FUEL, 539 Sandhurst Bridge, Chowpatty View Bldg, Opp Sukh Sagar Juice Center, Chowpatty, Mumbai - 400007. E-mail: firstname.lastname@example.org
- FUEL shall send notices to you electronically to the e-mail address provided by you or may send a physical notice either by recognized courier service or prepaid post to the address provided by you. For avoidance of doubt, it is clarified that sending of notice by FUEL either by e-mail or prepaid post/courier service shall be deemed to be valid and effective service of notice by FUEL.
- Without prejudice to clause 16(b) above, you will be required to provide a valid phone number while placing an order with us. FUEL may communicate with you either by e-mail, short message services (SMS), phone calls or by posting notices on the Website or by any other mode of communication to fulfill your order. Thus for contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order or any offers or promotions.
- FUEL requests you to abstain from referring FUEL to your friends or relatives who do not wish to purchase our products.
- FUEL requests you to abstain from providing wrong, invalid or fictitious e-mail address and thereby cause FUEL send invitations to wrong recipients. You agree to indemnify FUEL for any harassment claim made against FUEL due to such wrong, invalid or fictitious e-mail addresses provided by you.
- In addition to the Terms and various policies, FUEL reserves to set out separate terms and conditions for any gift vouchers, offers or discounts offered by FUEL on any of its product(s).
- In case of a conflict in the Terms, the decision of FUEL shall be final and concluding, and you irrevocably withdraw your right to make any claim or demur on this ground.
- The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer resource or loss of data that results from the download of such material and/or data.
- In case of any grievances with respect to (i) the Website or any contents of the Website please contact us by sending e-mail to email@example.com; or (ii) products purchased on the Website, please contact us by sending email to firstname.lastname@example.org
All terms and conditions are subject to management discretion. FUEL reserves the right to change or withdraw this offer at the sole discretion of the management.
Disputes if any are subject to Mumbai jurisdiction only.