Terms and Conditions

Introduction

1.1 These terms and conditions ("Terms and Conditions") and all applicable Policies (as defined below) which are herein incorporated by way of reference govern your rights and obligations as a User (defined below) of the Site (defined below) while accessing and using the Site and/or availing the Services (defined below), as may be rendered by Amka Jhamka pvt ltd. (Fashcycle), having its registered office at Office No. 806 8th Floor Skye Corporate, Vijay Nagar, Indore (M.P.) - 452010 ("Lessee") through the http://www.fashcycle.com web portal (domain name– www.fashcycle.com) ("Site") to Users from time to time. Any reference to "you" or "User" or "User's" in these Terms and Conditions, means you the User of the Site, placing order for the products, displayed on the Site ("Products") for taking on rent such Product (s) or purchasing the Product (s) listed for sale on the Site, solely for personal use and/or accessing and using the Site Content (defined below) ("Services") in the manner as set out in these Terms and Conditions.

1.2 As a User, your access to and use of the Site and/or the Services are conditional upon your acceptance of and continuous compliance with these Terms and Conditions at all times and all applicable Policies (as defined below). There is an explicit understanding that these Terms and Conditions and all the Policies shall be adhered to by you. By accessing, browsing and/or using the Site and/or availing any of the Services, you agree to be bound by these Terms and Conditions, the cancellation policy governing cancellation of an order for any Product placed by you ("Cancellation Policy"), the return policy governing the return of any Product rented to you ("Return Policy"), the privacy policy governing your access to the Site ("Privacy Policy"), other guidelines, policies, terms and conditions applicable to the Site and/or Services being provided by the Site Owner (collectively as "Policies"), as may be modified by the Site Owner from time to time at its own discretion, which shall be deemed to be incorporated in these Terms and Conditions by reference, unconditionally and at all times. Further, by accessing, browsing and/or using the Site and/or availing any of the Services, you explicitly agree to receive communications, in written and/or verbal form, from the Site Owner or its authorized representatives with regard to any matter relating to the Site, Products or the Services.

1.3 The Site Owner shall have the sole right to change, modify, add or remove these Terms and Conditions or any or all of its Policies relating to the provisions of Services on the Site and access to the Site, at any time without any prior written notice or intimation to you. It is hereby clarified that each User shall be responsible for reviewing the Terms and Conditions and Policies on the Site periodically and keep themselves updated.

User Eligibility

2.1 The Services on the Site are only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872 ("Contract Act"). Any person who shall be considered as incompetent to contract as per the provisions of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Site ("User"). Any person using the Services on behalf of any other person/ proprietorship/ partnership/ firm/ company, represents and warrants that it is duly authorized by such person/ proprietorship/ partnership/ firm/ company being the User to accept the Terms and Conditions and the Policies and that such person has the authority to bind the User to these Terms and Conditions and all the Policies.

Any person using the services rendered by this Website on behalf of any other person/ partnership concern/ proprietorship/ firm/ body corporate/ company, represents and warrants that he/ she is duly authorized by such person/ partnership concern/ proprietorship/ firm/ body corporate/ company being the User to accept these Terms of Use and including the applicable Policies which are incorporated herein by way of reference, that such person has the authority to bind the User to these Terms of Use and including the applicable Policies which are incorporated herein by way of reference.

Any person using the services rendered by this Website on behalf of any other person/ partnership concern/ proprietorship/ firm/ body corporate/ company, represents and warrants that he/ she is duly authorized by such person/ partnership concern/ proprietorship/ firm/ body corporate/ company being the User to accept these Terms of Use and including the applicable Policies which are incorporated herein by way of reference, that such person has the authority to bind the User to these Terms of Use and including the applicable Policies which are incorporated herein by way of reference.

Sale and Renting of Products

3.1 The Site is a platform provided by the Site Owner to its Users, after registration of such User on the Site ("Registration") and their access to the Site through the account created on the Site by using the account details entered by such User ("Account Information"), to browse and take on rent the products displayed on the Site for a period of no. of days chosen starting from the date of delivery of the Product to the User ("Rental Period") or to purchase certain Products listed for sale on the Site. The Site Owner shall also provide such other services, including sale of Products, as may be included, removed and/or modified by the Site Owner from time to time.

3.2 The Services and the Site are governed by these Terms and Conditions and all applicable Policies of the Site, as may be amended from time to time and shall be deemed to be incorporated in these Terms and Conditions by way of reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services and the Site shall be subject to these Terms and Conditions and all the Policies.

Terms of Use

Cancellation Policy

This policy governs the cancellation of any Order for a Product placed by you as the user of the 'www.fashcycle.com' web portal ("Site") (domain name– www.fashcycle.com) ("Cancellation Policy") while renting a Product. It is here by clarified that Site Owner shall not accept the cancellation of Orders placed by a User for renting Products listed for rent on the Site once the shipment has started and all such Orders shall be final and binding on the User placing such Orders. However, the Site Owner shall have the right to cancel an Order placed for purchase of Products listed for rent in accordance with the terms specified below.

Any reference to "you" or "User" or "User's" in this Cancellation Policy, means you the User of the Site, renting the Products) displayed by Fashcycle (hereinafter referred to as "the Site Owner" "we" "us" or "our") solely for personal use and/or accessing and using the Site ("Services").

Please note that there may be certain orders, made by you for any of the Products displayed on the Site, which the Company may be unable to accept. We reserve the right, at our sole discretion, to refuse or cancel any Order for any reason. This Cancellation Policy identifies and sets out some situations that may result in cancellation of your Order for renting by the Site Owner.

Accordingly, an Order for the identified Product (s) may be cancelled by the Site Owner on occurrence of the following circumstances:

i. The Product is no longer available or is temporarily unavailable;

ii. There are limited quantities of the identified Product (s) available for renting by the User registered on the Site and the same Product has been ordered by another User prior to your Order;

iii. A problem (s) is identified by the Company in relation to the payment made by the User for any Product displayed on the Site;

iv. Inaccurate or insufficient Shipping Address or other detail (s) have been provided by the User at the time of placing an Order of any Product;

v. The Product is requested to be delivered at a location where the Site Owner does not cater or is otherwise inaccessible; or

vi. There are inaccuracies, defect or errors in the identified Product (s) or its pricing information; or

vii. Any malpractice or abuse is identified by the Site Owner on part of the User while placing any Order for a Product or any malpractice or abuse by the User of the Services rendered by the Site Owner.

We may also require additional verification or information before accepting any Order placed by you. We will contact you on the details provided by you during your registration on the Site, subject to the Terms and Conditions, if all or any portion of your Order is cancelled or if additional information is required by us to accept your Order. If your Order is cancelled after your credit card/debit card/account has been charged, the Total Fee or the Sale Price, as the case maybe, shall be reversed back in your card/debit card/account.

Cancellation Request by the User in Relation to Renting of Products:

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 request by you in accordance with the cancellation terms specified below, the Site Owner shall cancel the Order and we shall issue a credit note in relation to the Rental Fee paid by you.

All cancellation requests to be emailed to support@fashcycle.com

The time at which any Order is made by you for any of the Product (s) shall be recorded by the Site Owner at its sole discretion and such time shall not be disputed by you.

The User agrees not to dispute the decision made by the Site Owner in relation to the determination of the applicable Cancellation Fee and accept the Site Owner's decision made in response to any cancellation request made by the User.

(g) Receipt of the Product

The Products shall be shipped to the shipping address provided by you at the time of placing an Order ("Shipping Address"). It is clarified that the Shipping Address provided by you shall be accurate and secured and that the Site Owner shall not be liable for any delay in delivery if such Shipping Address is found to be inaccurate or insecure at the time of delivery of the Product. In the event the Shipping Address is found to be inaccurate or insecure, additional delivery charges, as may be computed at the sole discretion of the Site Owner, shall be paid by you.

(h) Use of the Products (applicable for Users renting the Products)

All Products delivered pursuant an Order are professionally dry cleaned prior to delivery and ready to wear upon receipt of delivery. The Site Owners take all reasonable care to provide the product in its best usable condition and inspect each Product prior to delivery but use of the Product is at your own risk and the Site Owner shall not be liable for any health related complaints in relation to the Products. Upon delivery of the Product by the Site Owner at the Shipping Address provided by you, you shall have the entire responsibility in relation to the use, maintenance, and safety of the Product ordered by you and delivered by the Site Owner to you.

You shall be solely responsible for protecting the Product delivered to you from any loss, destruction or damage caused due to any reason, including but not limited to theft, fire stains, other stains, alterations, tearing, rubbing-off ("Substantial Damage"). You shall further be responsible for protecting the Product delivered to you from any loss which may result in any form of diminution in the Product's commercial value ("Major Loss"). You shall be responsible for handling the Products, during the Rental Period, with the same extent of care and precaution as you will exercise with regard to any of your personal properties.

If any damage is done to the Product which has the effect of mere normal wear and tear as per the determination of the Site Owner, you shall not be liable for such extent of damage to the Product. However, if the Site Owner determines that a Substantial Damage has been done to the Product on your part, an additional charge of up to the amount of security deposit, deposited by the user at the time of placing the order, shall be payable by you on account of such Substantial Damage to the Product. It is clarified that such amount, as is required to be paid by you on account of any Substantial Damage, shall be determined at the sole and absolute discretion of the Site Owner.

In the event the Site Owner determines that a Major Loss has been done to the Product on your part, an additional charge of up to 100% of the retail value of such Product, as determined by the Site Owner, shall be payable by you on account of such Major Loss.

You hereby explicitly agree to such levy of additional charge on account of any Substantial Damage or Major Loss as may be determined by the Site Owner to have caused to the Product on your part while using such Product. It is clarified that in the event of any Substantial Damage or Major Loss caused to the Product during the Rental Period, the Site Owner becomes authorized to adjust the penalties for such Substantial Damage or Major Loss, as specified above, against the Security Deposit paid by you. In the event the penalty for such Substantial Damage or Major Loss, as specified above, is an amount higher than the Security Deposit, the Site Owner is hereby authorized by the User to immediately charge the User the penalties for the balance of such Substantial Damage or Major Loss, as per the sole and absolute determination of the Site Owner. Further, in the event the penalty for such Substantial Damage or Major Loss, as specified above, is an amount lower than the Security Deposit, the balance of the Security Deposit shall be refunded to you by the Site Owner in accordance with these Terms and Conditions.

In the event the Product delivered to you does not fit you then you shall notify the Site Owner by email or through the app or website after 6 hours from the time of delivery of the Product at email address: support@fashcycle.com or app or website and the Product shall be picked up by the Site Owner from the Shipping Address on the date of receipt of such intimation in the manner specified above and in accordance with the terms of the Return Policy. The time at which you notify the Site Owner shall be recorded by the Site Owner at its sole discretion and such time shall not be disputed by you. In such an event the Site Owner shall issue you a credit note for the Rental Fee excluding the Delivery Charges, if applicable, for renting of a Product at a future date subject to the satisfaction of the Site Owner that the Product has not been worn or used.

(i) Return of the Product (applicable only for Users renting the Products)

It is clarified that you shall return the Products (s) ordered from the Site, in accordance with the terms of the Return Policy available at. All the provisions of the Return Policy shall govern the Product as displayed on the Site and delivered to you by the Site Owner in pursuance to your Order for renting such Product. It is clarified that in the event of any delay on the part of the User to return the Product within the stipulated period, the Site Owner is hereby authorized by the User to immediately charge the User the penalties for such delay, as per the terms and conditions prescribed in the Return Policy.

It is hereby clarified that the Site Owner shall not accept any return in case of Products being purchased by a User using the Site and the Site Owner shall not be liable for any loss incurred by a User if the Product purchased does not fit the User or is it appears different in colour and style than as displayed on the Site.

Return Policy

Please note that for all the Orders, made by you for renting any of the Products displayed on the Site, you agree that you shall return such Product, in a satisfactory condition as specified herein and in the Terms and Conditions, to the Site Owner in the manner as set out in this Return Policy. It is here by clarified that this Return Policy is not applicable for Products that are being purchased by you through the Site.

You hereby agree and acknowledge that you shall be solely responsible to return the Products delivered to you as per the no. of booking days confirmed from the date of delivery ("Return Date") in a satisfactory condition and subject to the Terms and Conditions. Further, you agree that the Site Owner is entitled to and authorized, to charge the applicable late fee as detailed below ("Late Fee") in the event you fail to return the Product to the Site Owner in the manner set out below in this Return Policy, before the expiry of the Return Date.

i. In the event the Product is not returned within the expected day from the Return Date, the Site Owner shall have the right to charge you a Late Fee equivalent to 15% of rent amount per day.

It is hereby clarified that the Late Fee chargeable by the Site Owner shall be in addition to the Rental Fee payable by you for each Product, ordered and delivered to you by the Site Owner and any additional payment due and payable on account of any material damage done to the Product by you at the time of using such Product in accordance with the terms of the Terms and Conditions.

The Site Owner shall have the right to not return the Security Deposit until the late fee is recovered as the Rental Fee of the Product given by you in accordance with the Terms and Conditions, against the Late Fee payable by you in accordance with the terms of this Return Policy. In the event of Late Fee payable by you, you hereby authorise the Site Owner to immediately charge the balance Late Fee, on the credit card/debit card of the User registered with the Site.

You hereby agree and acknowledge that you shall be solely liable for returning the Product in the same conditions (excluding normal wear and tear) as the Product was delivered to you. It is hereby clarified that you shall be liable for all costs incurred by the Site Owner in relation to any Substantial Damage or Major Loss to the Product caused by you. The cost assessment of the Site Owner in this regard shall be final and binding on the User. The Site Owner shall have the right to deduct such costs for Substantial Damage or Major Loss, as the case maybe.

At the time of returning the Product, you are required to package the Product in the original packing in which it was delivered to you or any return packing provided to you by the Site Owner at the time of delivery of the Product. Kindly ensure that you seal the package properly.

It is further agreed that the Product shall be returned in a safe and acceptable manner, only to the person designated by the Site Owner, who shall pick up the Product from your Shipping Address on or before the Return Date, as per your instructions.

You hereby explicitly agree not to dispute the decision made by the Site Owner in relation to the determination of a material damage done to the Product during its delivery on your part and/or any Substantial Damage or Major Loss in accordance with the Terms and Conditions.

Any dispute regarding return of any Product or any of the terms of this Return Policy will be governed by this Return Policy and by the laws of India and courts of Pune shall have exclusive jurisdiction.

Refundable Security Deposit Policy

(j) Delay in Service

It is clarified that the Services and/or the Site may involve deficiencies, including but not limited to omissions, interruptions, loss of data, and inaccuracies, delay in delivery and the Site Owner shall not have any liability on occurrence of such deficiencies in the operation of the Services and/or the Site, including but not limited to any omission, interruption, loss of data, in accuracy and delay in delivery that may be experienced by you at the time of browsing or ordering any Product displayed on the Site. The Site Owner hereby disclaims any liability or responsibility for such deficiencies. The Site Owner shall put best efforts to ensure smooth operation of the Service and/or the Site however, it does not guarantee against the possibility of any of the identified deficiencies in the Services and/or the Site. You acknowledge that the Site Owner may direct any precautions to you for ensuring that there is no breach of security and integrity of the Site and on such directions, you shall provide the necessary support to the Site Owner. The Site Owner disclaims any responsibility for a loss that may be incurred by you due to any failed or incomplete transaction on the Site.

4.2 Content on the Site

a. It is hereby clarified that the Services provided to you may involve references to or links of any third-party or its products, services or other content ("Third-Party Content"). You acknowledge that the Site Owner is not liable for any such Third-Party Content as may be displayed on the Site or that you may be re-directed to while accessing the Site and/or availing the Services. It is further clarified that the Site Owner shall not be liable for any persons who may have provided such Third-Party Content. The Third-Party Content displayed on the Site or re-directed to by the Site does not suggest that the Site Owner has endorsed such Third-Party Content or provider of the Third-Party Content. It is clarified that the Site Owner shall not be liable for any privacy practices of a third-party providing such Third-Party Content.

b. Site Owner is not associated with or is not partnering with any of the designers, brand or owner of the product specified on this Site. Each of the Products listed on this Site are owned by the persons who list the product. The copyright and the design right of the Products listed on this Site are owned by the specific designer, as the case may be, and the Site Owner does not own and/or have any interest in the copyright and design rights associated with any of the Product. All photographs used on this Site are the copyright of the Site Owner. The Site Owner has undertaken its best efforts to ensure that the Products listed on this Site are authentic and original works of the specified designer and brand.

c. It is hereby clarified that any content made available by the Site Owner to you while providing the Services or access to the Site, including but not limited to specification of any the Products, images of the Product or any comments or reviews by other Users.

In accordance In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Shubham M Patidar

FashCycle

Office: Office no 806, 8th Floor, Skye Corporate, Vijay Nagar, Indore, M.P., 452010

Mobile Number:

Email: support@fashcycle.com

Time: Available from Monday – Saturday (10:00 – 19:00)

All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be sent to support@fashcycle.com.