1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of the Tailor Swyft website located at tailorswyft.com ("Website") and the associated services offered by ARTBYR TECH LLP ("ARTBYR", "we", "us", or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Website.
2. Separate Terms
These Terms are separated into two parts:
3. Tailor & Boutique Terms
3.1 Account Creation
You must create an account to access the full features of Tailor Swyft. You are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account.
3.2 Services
Tailor Swyft provides a CRM platform ("Platform") specifically designed for tailors and boutiques. The Platform allows you to:
3.3 Payment Processing
Tailor Swyft may integrate with third-party payment processors to facilitate online transactions. You are responsible for complying with the terms and conditions of these payment processors.
3.4 User Content
You are responsible for all content you upload to the Platform, including product descriptions, images, and customer data ("User Content"). You warrant that you have the right to upload such User Content and that it does not violate any third-party rights.
3.5 Prohibited Activities
You agree not to use the Platform for any illegal or unauthorized purpose. This includes, but is not limited to:
3.6 Indemnity
You agree to indemnify and hold harmless ARTBYR, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, expenses, liabilities, damages, and costs (including reasonable attorneys' fees) arising out of or relating to your use of the Platform or your violation of these Terms.
3.7 No Warranty
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ARTBYR DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE.
4. Customer Terms
4.1 Orders and Payments
You can browse products and services offered by tailors and boutiques on the Platform. When you place an order, you agree to be bound by the terms and conditions set by the respective tailor or boutique. Payment processing is handled by third-party payment processors, and you agree to comply with their terms and conditions.
4.2 User Accounts
You may create an account to manage your orders and track your purchases. You are responsible for maintaining the confidentiality of your account information and password.
4.3 User Content
You are responsible for all reviews and ratings you submit on the Platform ("Reviews"). You warrant that your Reviews are based on your own experience and do not violate any third-party rights.
4.4 Disclaimer
ARTBYR is not responsible for the quality, accuracy, or timeliness of the products or services offered by tailors and boutiques on the Platform. We recommend that you carefully review the terms and conditions of each tailor or boutique before placing an order.
4.5 Indemnity
You agree to indemnify and hold harmless ARTBYR, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, expenses, liabilities, damages, and costs (including reasonable attorneys' fees) arising out of or relating to your use of the Platform or your violation of these Terms.
5. Term and Termination
These Terms will remain in effect until terminated by either party. We may terminate these Terms at any time for any reason. You may terminate these Terms by discontinuing your use of the Platform.
6. Governing Law
These Terms will be governed by and construed in accordance with the laws of India.
7. Entire Agreement
These Terms constitute the entire agreement between you and ARTBYR regarding your use of the Platform.
8. Contact Us
If you have any questions about these Terms, please contact us at:
9. Changes to Terms
We may revise these Terms at any time by updating this page. You are expected to check this page regularly to take notice of any changes. Your continued use of the Platform following the posting of revised Terms means you accept and agree to the changes.
10. Limitation of Liability
IN NO EVENT SHALL ARTBYR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM OR THESE TERMS, EVEN IF ARTBYR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
12. Waiver
No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach.
13. Force Majeure
ARTBYR shall not be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, or natural disasters.
14. Assignment
These Terms may not be assigned by you without the prior written consent of ARTBYR. ARTBYR may assign its rights and obligations under these Terms at any time.
15. Headings
Headings used in these Terms are for convenience only and shall not be considered part of these Terms.
16. Survival
The provisions of these Terms which by their nature should survive termination shall survive termination of these Terms.
17. Third-Party Beneficiaries
These Terms do not confer any rights or remedies upon any person other than the parties to these Terms.
18. Electronic Communications
The communications between you and ARTBYR use electronic means, whether you use the Platform or send us emails, and you agree to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19. Applicable Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of India. Any dispute arising out of or relating to these Terms or your use of the Platform shall be submitted to the exclusive jurisdiction of the courts located in District Sirsa, Haryana, India.
20. Your California Privacy Rights
If you are a California resident, you have certain rights regarding your personal information. You can learn more about these rights by visiting our Privacy Policy at Privacy Policy.
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