This is a legal agreement between you, the potential user (“You”) and ACG Group (“the Company”, “We”, “Us”, “Our”). These Terms of Use (“Terms”, “Terms of Use”) governs the access or use by You, of the applications, websites, contents, products, and services (“the Services”), being made available by the Company.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR SERIVCES.
Your access or use of the Company’s products, services, website located at URL: farmloom.com, mobile site, mobile application (collectively called as “Platform”), is conditioned on your acceptance, without modification, of these Terms. If you do not agree to these Terms, you should not use the Services. You accept the Terms by using the Company’s Services in any way. In this case, you understand and agree that Company will consider your use of the Services as agreement to the Terms. The Terms include the provisions in this document, as well as those in the Privacy Policy and any additional terms that you agree to.
This platform is owned by ACG Group, a company incorporated under the Companies Act, 2013 having its registered office at Bengaluru, India.
USER AGREEMENT
All references to “You” or “User”, as applicable, shall mean any natural or legal person that accesses, uses or agrees to become a buyer by registering on the Platform as Registered User in order to avail the Services. The User can access the Site or the Platform in accordance with the terms and conditions as set out below. This Agreement/ Terms of Use are for an indefinite period. ACG Group (“Company”/ “We”/ “Us”/ “Our”), at its sole discretion, modify these Terms at any time, without any prior written notice to you. You shall ensure periodical review of these Terms for updates or changes. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all the changes, and will be bound by them as is.
This Terms of Use sets forth the terms and conditions that apply to the use of the Platform by the User. By using this Platform, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. The right to use the Platform is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Platform accessible 24 hours per day, 7 days per week, the Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Platform may be interrupted, suspended, or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
ELIGIBILITY
Only persons who can enter legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering contracts by any law, can use Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on the Platform only with the involvement of a parent or guardian.
You represent, acknowledge, and warrant that you are an individual of legal age to form a binding contract. If not, you have received your parent’s or guardian’s consent to these Terms on your behalf, to use the Services. If your use of the Services is prohibited by applicable laws, then you are not authorised to use the Services. We reserve the right to indefinitely refuse, suspend, terminate, or block your access and use of our Services on our Platform through your registered account if it is brought to our notice or if it is discovered that your use or access of our Services or Platform is, in any manner, in contravention of applicable laws.
YOUR ACCOUNT
To access the Services of purchasing products from this Platform, you are required to open an Account by completing the registration process (which means providing us correct, complete and accurate details as prompted in the registration form). You agree that each registration to access or use of our Services on the Platform is for a single individual user only. To access the service, you will be asked to enter your individual Username and Password. Therefore, we do not permit any of the following: –
You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Platform’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). If you use the Platform, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends, or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion. Access to and use of password protected and/or secure areas of the Platform is restricted to authorised users only. Unauthorised individuals attempting to access these areas of the Platform may be subject to prosecution.We reserve the right to disclosure of any personal information about you and your use of the Platform including its contents, without your prior permission if we have a good faith belief that such action is necessary to:
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our rights to comply with governmental, court and law enforcement requests or requirement relating to your use of the Platform or services, or information provided to or gathered by us with respect to such use.
PRODUCT DESCRIPTION AND DISCLAIMER
The Company tries to be as accurate as possible in the representation of information on the website. However, the Company does not warrant that the product description or other content of this website is accurate, complete, reliable, current, or error-free. Our customisation software is a computer render of the actual fabric. Colours and patterns may appear different based on the screen resolutions being used. The final garment may differ slightly from that of the image being displayed.
The fit of our clothing depends on the cut, fabric and style of every garment. Some garments are designed to have a loose, relaxed fit and some garments are styled to be more fitted. Please review our sizing guide available with each product to select the size or fit which is best suitable for you. Due to the nature of different fabrics the given measurement can differ marginally.
While we have made every effort to display as accurately as possible the colours of the products that appear on the Platform, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.
PRODUCT CARE
Our clothing products are crafted using natural dyes and hand-painted techniques, which are integral to the unique and artisanal quality of our brand. Due to the nature of these materials and processes, it is possible that the colors may fade over time, especially with repeated washing. To preserve the vibrancy and longevity of the hand-painted designs, we strongly advise that you read the washing instructions carefully as mentioned on the tag of the Product and follow the same to avoid any damages to it. We also advise that you avoid using harsh detergents or bleach. Please note that the Company is not responsible for any fading or changes in the appearance of the Products that occur due to washing or regular wear and tear. By purchasing our Products, you acknowledge and accept these care instructions and the inherent characteristics of natural dyeing and any handmade techniques.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, all material(s) including but not limited to texts, audios, videos or graphical images, software, trademarks, logos, service marks, domain names and other intellectual property rights (“IPR”), as reflected/ affixed/ or contained within the Services, are the sole and exclusive property of ACGGroup and as such protected under the copyright laws, trademark laws and other applicable laws. Any use by the User of IPR, without our permission, shall constitute infringement of our proprietary rights, which shall be vigorously prosecuted and pursued to the fullest extent permitted by law. Nothing contained in these Terms of Use, constitutes any permission/transfer/ license for our IPR or any part thereof, in the name of the User. Nothing under these Terms of Use gives you any rights, title, claim, interest, or privilege on our intellectual property in your favour. You must not copy, reproduce, republish, upload, post, transmit, or distribute such material in any way, including by email or other electronic means. You must not assist any other person to do so, either directly or indirectly Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
LICENSE AND PLATFORM ACCESS
We grant you a limited license to access and make personal use of the Platform and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorised hypertext links to the Platform and the framing of any Content available through the Platform uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Platform. Any unauthorised use by you shall terminate the permission or license granted to you by us.
PRICING
We strive to provide you with the best prices possible on products and/or services you buy from us, however, we do not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Platform are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion. While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. If a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Whilst we try to ensure that all details, descriptions, and prices that appear on this website are accurate, errors may occur. If we discover an error in the price of any Product that you have ordered from the Company, we will notify you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit/ debit card account.
CANCELLATION BY US
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
CANCELLATIONS BY THE USER
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the amount. A request for cancellation of order shall be valid and accepted only if they are made within 2 (two) hours of making the order on the Platform. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 2 (two) hours from making the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
SHIPPING AND DELIVERY
We make all commercial and reasonable endeavours to ensure that Products are delivered to the Users in a timely fashion. Users are required to peruse and understand the terms contained herein. If you do not agree then you are advised not to accept the Terms of Use and the Shipping and Delivery Policy and may abstain from using the Platform. The terms contained in this Shipping and Delivery Policy shall be accepted without modification and accordingly, you agree to be bound by the terms contained herein.
Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation. In the event we are unable to deliver the confirmed order(s) as mentioned herein above and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account.
RETURN, EXHANGE AND REFUND POLICY
We are committed to ensuring your satisfaction with every purchase. However, we understand that there may be occasions where you need to return, exchange, or seek a refund for your order. This policy outlines the procedures and conditions under which returns, exchanges, and refunds are accepted.
PAYMENT AND CHARGES
The Platform reserves the right to charge subscription and / or membership fee(s) in respect of any part or aspect of the Services, provided over the Platform, upon prior notice and also reserves the right to modify such charge(s)/ fee(s) from time to time towards existing and/ or newly introduced services, as the case may be. You are responsible for obtaining access to the service, and that access may involve third party fees (such as internet service provider or airtime charges, messages or data charges). You are responsible for the fee(s) associated with the display or delivery of ordered products. In addition, you are responsible for all equipment necessary to access the service. The Subscriptions are set to automatically renew, if applicable, unless and until you cancel the automatic renewal 7 days prior the next renewal date.
The safety of your credit/debit card information is of paramount importance to us. We enable online verification and authorisation of payments through Payment services providers by payment gateways. All Credit Card, Debit Card, E-Wallet and Net Banking transactions are processed over a secured encryptedconnection. We do not store any credit/debit card information and your payment details are automatically encrypted when you enter them. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfill the transaction. Products will not be dispatched, and Services will not be performed until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
The following Payment modes are available on the Website:
Our prices are inclusive of GST. Tax is applicable at checkout.
FRAUDULENT /DECLINED TRANSACTIONS
We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
LINKS
The Platform or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
COMMUNICATION
When You use the Services or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from us. We may send information and offers of products and services to you periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
We provide customer service support through two primary channels:
Our customer service team is available to assist you from 9:00 AM to 6:00 PM IST, Monday to Saturday. Customer service will not be available on Sundays and public holidays. We aim to respond to your inquiries via WhatsApp within 3-5 hours during standard business hours. We aim to respond to email inquiries within 1 to 2 business days. Please note that we do not offer customer service support via phone calls. For any assistance, kindly use the WhatsApp chat option or email us directly.
ALERTS AND NOTIFICATIONS
As part of our Services, you may receive notifications, alerts, emails, requests for feedback on our products and services, delivery status messages or other types of messages regarding our Services. We may also periodically send you emails that directly promote the offerings of the Company. When you receive such promotional emails from us you will have the opportunity to “opt-out” by following the UNSUBSCRIBE instructions provided in the email you receive.
DISCLAIMER OF WARRANTIES
All content, products, and services on the site, or obtained from a website to which the Site is linked (a “Linked site”) are provided to you “As is” without warranty of any kind Either express or implied including, but not limited to, the implied warranties of Merchantability and fitness for a particular purpose, title, non-infringement, security or Accuracy. All warranties, if any, relating to the product and services would be provided By the manufacturer/supplier of such product and not by us. Any claim in relation to the Same should be raised against respective manufacturer/supplier and not against us in any Case whatsoever. We do not endorse and are not responsible for (a) the accuracy or Reliability of any opinion, advice or statement made through the site by any party other Than us, (b) any content provided on linked sites or (c) the capabilities or reliability of any Product or service obtained from a linked site. Other than as required under applicable Consumer protection law, under no circumstance will we be liable for any loss or damage Caused by a user’s reliance on information obtained through the site or a linked site, or User’s reliance on any product or service obtained from a linked site. It is the responsibility Of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice Or other content available through the site, or obtained from a linked site. Please seek The advice of professionals, as appropriate, regarding the evaluation of any specific Opinion, advice, product, service, or other content.
LIMITAION OF LIABILITY
You expressly understand and agree that the company and its subsidiaries, affiliates, Officers, employees, agents, shareholders and licensors shall not be liable to you for any Direct, indirect, incidental, special, consequential or exemplary damages, including, but Not limited to, damages for loss of profits, opportunity, goodwill, use, data or other Intangible losses (even if the company has been advised of the possibility of such damages), Resulting from use of the platform, sale and supply of goods content or any Related/unrelated services and other services offered on the site from time to time.
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
INDEMNITY
You shall to the fullest extent indemnify and hold harmless the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
FORCE MAJEURE
We shall not have any liability for any interruption or delay in access to the Platform, due to the Force Majeure Event. Our obligations in respect of the Services on the Platform will be postponed until circumstances beyond our reasonable control cease to continue. The Force Majeure events includes those events resulting from natural hazards, disasters, labour unrest, embargo, strike riots, lockouts, epidemic, pandemic, fire, flood, earthquakes, typhoons, war, acts of foreign enemies or other perils or by any circumstances beyond the reasonable control of the parties, including but not limited to acts of God, war or national emergency, government or court or statutory action, civil commotion, or industrial dispute.
WAIVER AND SEVERABILITY
You acknowledge that our failure to exercise or enforce any right or provision of the terms of use or our failure to demand resolutions to which we are entitled to shall not constitute a waiver of such right or provision or omission of your responsibility to comply with your obligations outlined under these Terms including the documents referred therein. No waiver by us, of any of these Terms, would take effect unless expressly stated in writing to you. If any provision of these Terms is found, by a court of competent jurisdiction, to be invalid, then that provision will be removed to the minimum extent necessary, from the Terms. The remaining Terms will continue to be in full force and effect and enforceable.
DISPUTE RESOLUTION
We resolve to provide you a cost effective and neutral means of resolution in case of disputes arising out of or in relation to these Terms of Use, including any question regarding its existence, validity, or termination, within a period of 15 days (“Consultation Period”) after the dispute has been reported by you/ or brought to our attention. In case, the Parties are unable to resolve the disputes within 15 days from the Consultation Period, the same shall be settled by arbitration governed by the provisions of Arbitration and Conciliation Act, 1996. The Company shall appoint one (1) Arbitrator to conduct the arbitral proceeding on behalf of both the Parties. The arbitrator shall then conduct the arbitration proceedings in consonance with the provisions of the Indian Arbitration and Conciliation Act, 1996 as maybe amended from time to time. The decision of the Arbitrator so appointed shall be binding upon the Parties and the proceedings shall be as decided by the Arbitrator.
The venue/seat of Arbitration shall be Chennai and the language of arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
GOVERNING LAW
The Terms of Use by ways of this Agreement and performance hereunder shall be governed by and will be construed in all respects in accordance with the Laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to these Services, shall be subject to the exclusive jurisdiction of the courts at Chennai, India. The use of this Site, Platform or Services thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this Clause.
CHANGES TO TERMS OR SERVICES
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
MISCELLANEOUS
In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.
These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.