Terms and Conditions

Welcome to Brandways.in

The website www.brandways.in is operated with it’s registered office at 226/1, Periya Suraikkai Patti Street, Rajapalayam-626117, Tamil Nadu, India.

Site” refers to the Brandways website located at the URL www.brandways.in.

Platform” refers together both the Brandways website and the Brandways application (iOS or android).

We, Us, Our, Brandways” refers to Brandways company.

You, your” refers to the person who access the platform.

Terms” refers to the Terms & Conditions present in this page, Privacy Policy, Shipping Policy, Cancellation, Returns and Refund Policy.

Policies” refers to the privacy policy, shipping policy, cancellation, returns and refund policies of Brandways.

Using the services or accessing, browsing the platform, constitute your unconditional agreement to these Terms and Policies of Brandways and agrees to be legally bound by them, whether you have read the same or not. So, please read this agreement carefully and completely. You are solely responsible to ensure that your access to our platform is legal in each jurisdiction you browse or access the platform.

Brandways reserves the right to change or modify the terms and policies present on the platform, without any notice to you (it’s users). So, it is completely your responsibility to visit the terms page and policies page frequently. The modified terms and policies come into effect immediately from the time of post. Again, using the services or accessing, browsing the platform, after the new Terms and Policies coming into effect, constitute your unconditional agreement to those modified new Terms and Policies of Brandways and agrees to be legally bound by them, whether you have read the same or not.

REGISTRATION:

In order to purchase any product or to avail any service, you or the user may be required to register on the platform, by providing some basic information like, name, e-mail, phone number, address with pin code, etc.

You may register on the platform, any time of your access. You can also register during the checkout process.

You may register to our platform, either by creating a Brandways account or via any third-party account (for example, facebook, google, etc.)

While registering or logging in to our platform via any third-party account, you will be subject to that relevant third-party terms and conditions.

While registering by creating a Brandways account, an account with an exclusive user name and password (on the basis of your inputs), will be created by Brandways for your usage or access to our Platform. 

 

YOUR ACCOUNT:

The platform is to be used by adults only. You will be purely responsible for maintaining confidentiality of your account user name and password. We assume, any minor if at all accessing our platform, is under the supervision of their guardians. We do not knowingly collect information from minors. You are solely responsible for all the contents you upload, transmit, post, mail via our platform.

If you are accessing or browsing our platform on behalf of someone else, you represent that you have the authority to bind that person to all the terms and policies of our platform. Incase, if that person refuses to be bound by these terms and policies, then you will be accountable for any losses, or any harmful usage of the site resulting from such access or use of the platform.

If you think, your account has been hacked, security has been breached, then you should immediately contact us on the email given in the contact details section. We will revert to you with instructions to do next. We may require you to change your account password, or may even suspend or terminate your account without any liability to Brandways. Brandways shall not be responsible for any access or usage problems that arise from internet related issues at your end.

Brandways reserve the right to suspend or terminate your account anytime without any prior notice, if you violate any of the terms of the platform or even if we decide that you have violated our terms. In no event, Brandways shall not be responsible or liable for any use or inability to use the platform or any services, if provided. Brandways is not responsible or is not obligated to mediate or resolve any issues, mis-understandings, conflicts, dispute or disagreements amongst two or more users of the platform.

USER CONTENT & USER RESTRICTIONS:

You may use our platform only for personal, non-commercial purposes and bound by law and you shall not involve in any activity that is unlawful to the platform and to the materials, content present in it. You are provided with limited license which is non-exclusive, revocable and non-transferable. And this limited license is provided to you purely for accessing our platform and subject to these terms. Brandways reserves the right, at it’s sole discretion, to cancel your limited license at any time, without any notice to you, by blocking your account or by terminating your account to prevent your future access to our platform.

You are solely responsible for all information, photo, messages, posts or any other materials that are posted, uploaded and all information that are made available to us, and we will not held responsible for in connection to the user content. You also should not engage or encourage others to use our platform illegally or for any commercial purposes.

You represent and warrant to Brandways that,

  1. You are 18 years of age or older.
  2. All information that are submitted to Brandways, in connection with the platform, are true and accurate.
  3. Your use of the platform will not violate any applicable laws and regulations.
  4. You agree to all of our policies and to the terms and conditions described here.

You agree

  1. not to use our platform for illegal or commercial purposes.
  2. make false statements or complaints against us or the Platform.
  3. not to post any harmful, unlawful, pornographic, abusive, threatening, hateful, racial, political, content.
  4. not to involve or encourage others in activities like gambling, trolling, money laundering or any other unlawful activities.
  5. not to post any content related to minors or any content that may harm minors.
  6. mislead others by posting, objectionable content, promoting false statements, false contents about the platform or false content about any other person.
  7. not to use other person’s right or their information, which does not belong to you.
  8. involve in phishing, spoofing, flaming, flooding, crashing, mail bombing, reverse engineer, delete, modify any content on the platform including but not limited to, any product related information, any service-related information, pricing information, legal notices, disclaimer notices, proprietary notices and contents, copyright materials and contents, trademark logos, symbols.
  9. not to post, upload, transmit or make available any software or any files that contain virus or any other form of malicious programs or codes that possess harm to the platform, computer systems and to the files stored inside.

10.not to violate any law for the time being in force.

11.not to impersonate, defame any other person, as already stated above.

12.not to use any device, software or any other thing to interfere/interrupt or attempt to interfere/interrupt the proper working of the platform.

13.not to involve in or attempt any activities that could be possibly considered as a security breach.

14.not to access anything which you are not authorized to access.

15.not to involve in or attempt to violate the overall security of the platform.

16.not to bring Brandways or any of it’s employees including the proprietor or directors, to any of the courts in India, by rising any claims or in the case of any disputes, and you also agree that, in case of bringing Brandways or any of it’s employees including the proprietor or directors, to any of the courts in India, all the expenses including but not limited to court fees, attorney fees that occur to Brandways and to it’s employees including the proprietor or directors.

Brandways shall not be responsible for examining the user content and also shall not be liable for the user content. We do not control the user content that are transmitted, posted, submitted by you and therefore, we cannot guarantee the quality, accuracy, possibility of the user content. Brandways does not claim any ownership rights to texts, images, graphics, videos, files or any user generated contents that you submit to us or post, upload on the platform. You understood that by accessing our platform, you may be exposed to user content that are offensive, unlawful, false, objectionable. In such cases, we do not assume any responsibility or liability for such user content. But, you may still notify us, about such contents, via e-mail mentioned in the contact details section, and we will try our best to delete such contents posted by some other user, we will also try our best to warn such user for their improper content and if possible we may also, block such user or terminate their account. But in case, if we are unable to track or find the user who posted such improper content, then it (the issue) is out of our hands, and we cannot handle them.

Brandways shall not be responsible or liable for any user content, including but not limited to, any errors in any user content, for any loss or damage of any kind incurred by you as a result of any user content, transmitted, uploaded, posted, e-mailed or made available via the platform by any means. You hereby waive all rights to any claims against Brandways for any alleged or actual infringements of any proprietary rights, rights of privacy, right to speech, rights of attribution in connection with user content, moral rights. You also acknowledge that, Brandways has the right, in it’s sole discretion to remove, modify, refuse to post any user content. Also, Brandways reserves the right to remove any user content that violates these terms, and may also suspend or terminate accounts any time without any notice to any users, who violate these terms.

INTELLECTUAL PROPERTY RIGHTS:

“Brandways” name, logo and symbols are trademark properties of Brandways. Product and services names, titles, sub-titles, slogans, images, designs, styles, colors and font styles in connection with name Brandways are the intellectual property rights of Brandways.

The contents, software and the entire platform should be used only as a shopping resource. Any other use like, reproducing, selling, transferring license, republication, distribution and duplication of the contents, trademark properties, intellectual properties, user contents on this platform are strictly prohibited.

PRODUCT INFORMATION & USAGE:

Brandways tries to provide quality, accurate description details about the products present on the platform. But, Brandways does not warrant that, the description details of the products present on the platform are completely error free, accurate. There may be typographical errors, inaccuracies, incomplete information or description details. The actual color of the product may vary from that displayed on the platform, due to various conditions, including but not limited to, the effect of lighting, camera software, distance of shoot, angle of shoot, etc.

Brandways reserves the right to change, modify, update information, errors regarding the product title, description details, product images, product pricings, disclaimer information, proprietary information, and overall product information at any time (even after an order has been placed), without any prior notice to you.

Products purchased from our platform, is purely for personal, non-commercial use. Products purchased from our platform are not be sold or resold for commercial or any other reasons, and we shall not be responsible or liable for such activities.

Purchasing a product or not, is purely based on your decision and we may suggest or recommend you products on our platform purely for informational purposes, but we do not force you to purchase any product from the platform. Product purchasing is purely based on your wish and decision.

In case of any products (for example: deodorant, perfume, etc.) purchased from our platform does not suit you or caused side effects, we shall not be responsible or liable for any manufactural side effects, and the manufacturer of the product shall be solely responsible for such side effects and complaints.

PRODUCT PRICING:

As said earlier, Brandways tries to be as accurate as possible on the overall product information, including the pricing. But, at the same time, Brandways does not warrant you on the accuracy, quality, correctness even in the pricing and other information. And, Brandways reserves the right to change, modify, update information, errors regarding the product title, description details, product images, product pricings, disclaimer information, proprietary information, and overall product information at any time (even after an order has been placed), without any prior notice to you.

If Brandways find an incorrect pricing for a product for which an order has been placed, but not dispatched from go-down, we will cancel the order you have placed without any prior notice to you and will correct or edit or update the price and we will inform you about the reason for cancelling the order which you placed and we will refund (we will reverse to your credit/debit card bank account) you the exact amount you have paid for that product and we will also inform you about the change of pricing for the particular product and the refund status, either via e-mail or phone. If you wish to purchase that product again, you may then, order the product again by paying us the new updated price. Brandways will not be responsible or liable for any loss, financial losses or damages incurred or occurred due to the change or updated product description or pricing or overall product information. For more details on cancellation and refund, read our “Cancellation, Returns and Refund Policy”.

NON-DELIVERY AND DELAYED DELIVERY OF PRODUCTS:

If Brandways is unable to deliver you the ordered product, we will cancel the order you placed, and will refund the amount (as per the refund policy). We shall not be responsible or liable for any loss, financial losses or damages incurred or occurred to you because of not able to deliver the product.

And, if the ordered product reaches you late (later than, if any time period specified or provided to you), we shall not be responsible or liable for any loss, financial losses or damages incurred or occurred to you because of such late delivery, as the respective third-party transportation and shipping personnel are responsible for such delays in delivery, and it is out of our hands.


PAYMENT MODES:

Brandways accepts online payments using either credit card, debit card, digital wallets, net banking, UPI or other payment options made available by the platform from time to time.

Payments by credit card, debit card, net banking, UPI are the instant payment options and they are recommended for faster processing of the order. COD (Cash On Delivery) is not available.

You acknowledge that you are transacting at your own risk and you are completely aware of all the displayed product information including the product pricing information at all stages of check-out and payment gateway processes and are making your best decision before attempting any transactions through the platform. For more information, read our “Transaction & Payment Policy”.

PRIVACY:

Please refer to our Privacy Policy provided on our platform. 

SHIPPING:

Please refer to our Shipping Policy provided on our platform.

CANCELLATION, RETURNS & REFUND:

Please refer to our Cancellation, Returns & Refund Policy provided on our platform.

INDEMNITY & LIMITATION OF LIABILITY:

You agree to indemnify, defend and hold harmless Brandways, it’s proprietor, directors, employees, partners and all working staffs from and against any and all claims, liabilities, losses, financial losses, damages, debts caused by or arising out of claims based on your actions either directly or in-directly.

You agree that, to the fullest extent permitted by law, in no event shall Brandways or it’s proprietor, directors, employees, partners and any and all working staffs be responsible or liable to you for any and all kind of direct, indirect, consequential, unexpected, special losses or damages including but not limited to, financial losses, damages, loss of goodwill, loss of profits, property damages, debts, any all other kinds of losses that are incurred by you or occurred to you. You agree that no claims on actions arising out of or related to the usage of the platform or these terms and the policies of the platform may be brought by you more than 6 (six) months after the cause of action relating to such claim or action arose. If you have a dispute with us or not satisfied with our platform, termination of your usage on our platform may be your only action.

WARRANTY DISCLAIMER:

The products and (services if any offered), on the platform are provided “as is” and “as available” basis and we do not make any representations or warranties of any kind in connection with these terms or the policies of our platform or any and all the contents on our platform.

You agree that, to the fullest extent permitted by law, Brandways or it’s proprietor, directors, employees, partners and any and all working staffs are not responsible or liable

  1. for data non-delivery, data loss, theft, hacker attacks or omissions.
  1. for loss occurred or incurred due to the presence of third-party website inks or any other kind of links on the platform.
  1. for computer system failures, malfunctions, virus attacks, software failures or any other similar issues.
  1. for access delays or access interruptions to the platform and any loss occurred or incurred due to such delays or interruptions to or on the platform.
  1. for any interruptions, losses of any kind, damages of any kind in the business.
  2. for issues during or because of hyperlinking to or from any third-party websites, and for any and all kinds of losses, damages incurred or occurred due to the same.
  3. for any events and situations beyond our control.
  4. to any and all claims, liabilities, losses, financial losses, damages, loss of goodwill, debts caused by or arising out of claims based on your actions either directly or in-directly.
  5. to you for any and all kind of direct, indirect, consequential, unexpected, special losses or damages including but not limited to, financial losses, damages, loss of goodwill, loss of profits, property damages, debts, any all other kinds of losses that are incurred by you or occurred to you.

  10.for any loss, financial losses or damages incurred or occurred to you because of late delivery.

  11.for any loss, financial losses or damages incurred or occurred to you because of not able to deliver the product.

  12.for any loss, financial losses or damages incurred or occurred due to the change or updated product description or pricing or overall product information, even before or after product’s order has been placed.

  13.for any manufactural side effects caused by the products (for example, deodorant, perfume, etc.), as the manufacturer of that product(s) is solely responsible and liable for that.

  14.for any and all typographical errors, inaccuracies, incomplete information, description details, product color information, or overall product information, or any errors, omissions, inaccuracies present on the contents of the platform, or present on the user generated contents on the platform, and Brandways shall not be responsible or liable to all kinds of losses and damages incurred or occurred due to the above mentioned platform content issues.

 15.for any and all kinds of issues or problems arising to you or anyone else due to sale or re-sale of the products which you purchased from our platform. You should not sell or re-sell any products purchased from our platform.

 16.for any losses, financial losses, hacker attacks on your transactions or on payment gateways, loss of profits, debts, damages incurred or occurred to you due to making transactions on our platform. 

 17.for any losses, financial losses, loss of profits, loss of goodwill, debts, damages incurred or occurred to you, due to issues, improper functioning, theft while processing transactions on payment gateways.

18.for any and all claims, liabilities, losses, financial losses, damages, loss of goodwill, debts and all kinds
      of losses and damages incurred or caused either by the contents present on third-party websites or by third-party website (with or without including the people responsible for that third party website) itself.

19.Brandways shall not be responsible for any and all third party websites and its contents, links, news, files, advertisements, information, descriptions, images, video, audio, etc. that are resent on our platform.

HYPERLINKS:

Our platform provides links only for sharing our product (here, our product refers only to any product, either one or more, which comes under “Product Categories or it’s sub-categories”) or any product information on social media sites like Facebook, Google, YouTube, Twitter, etc. and/or on any other third-party sites.

In no way, Brandways will be responsible or liable for any other contents which have not been posted by us. And hereby, you agree that you understood, “Brandways shall not be responsible or liable for any losses, financial losses, loss of profits, debts, loss of goodwill, damages incurred or occurred to you, due to sharing those contents or information that aren’t posted, displayed, sold, offered by Brandways on the platform”.

We do not take any responsibility of any and all third-party websites, their links, their contents that are posted, displayed, offered on the platform.

Before using or accessing or entering into any third-party platform or websites via our platform, you must read terms and conditions of those third-party websites too. Brandways does not warrant and does not make any representations regarding the accuracy, truthfulness, reliability of the contents that are present on the third-party websites. You agree that, you are accessing, browsing, relying on third-party websites, solely at your own risk.

GOVERNING LAW:

These terms and Policies, transactions and relationship between you and Brandways are governed by the laws of India, without reference to any conflicts of laws principles and disputes and other matters in relation to disputes and conflicts, shall be subject to the exclusive jurisdiction of the courts at Madurai. 

GIST:

Brandways reserves the right to change or modify the terms and policies present on the platform, without any notice to you (it’s users). So, it is completely your responsibility to visit the terms page and policies page frequently. The modified terms and policies come into effect immediately from the time of post. Again, using the services or accessing, browsing the platform, after the new Terms and Policies coming into effect, constitute your unconditional agreement to those modified new Terms and Policies of Brandways and agrees to be legally bound by them, whether you have read the same or not.

You acknowledge also agree that, you and your activities on the platform shall be governed by these terms and you are bound by them, and you or your account may be terminated, in our sole discretion, without any excuse or notice or prior notice in case of breaching or not following even a single point mentioned in these terms or even if we decide that you would have breached or not followed these terms. The headings, sub-headings and any titles mentioned in these terms and in the policies of the platform, are only for convenience and shall not be used in it’s interpretation. 

TERMINATION:

These terms shall be effective from the date of posting on the platform and Brandways reserves the right to terminate or put an end to any products offered or to the relationship with you, in the event of any unlawful, unwanted or any other similar kind of problem creating activities performed by you or if Brandways is unable to verify or authenticate any information submitted by you. 

GRIEVANCE & REDRESSAL:

You or any user accessing, browsing the platform may submit their grievance with respect to the platform or any products provided on the platform, or on any other matters relating Brandways for processing to the Grievance Officer @:

E-Mail id: support@brandways.in

CONTACT INFORMATION:

Call our Grievance Officer @ 8122510994

E-Mail id: support@brandways.in

Contact Days: 09:00am to 09:00pm, all days in the week.

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