Terms & Conditions

Terms & Conditions (T&C)

This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.

Greetings from www.themfinepeople.com (hereinafter referred to as the “Website”). The Website is owned by Austin Talkies LLP, 601, Shamrock CHS LTD., 123 Main Avenue Road, Santacruz West, Nr. Arya Samaj Mandir, Mumbai, Maharashtra 400054, India.

The Website offers its users clothing, décor and home accessories.

By accessing the Website from any computer, computer device, mobile, smartphone or any electronic device, you expressly agree to be bound by these Terms and Conditions (hereinafter referred to as the “Terms”).

If you use or access the Website, you are required to first carefully read as well as fully understand these Terms which are applicable when you view/access/use the Website. Please also carefully read and fully understand our Privacy Policy available at https://www.themfinepeople.com/pages/privacy-policy (hereinafter referred to as the “Privacy Policy”), which is incorporated in these Terms by reference.

If, for any reason, you do not agree to these Terms, Privacy Policy and/or other Website guidelines and policies (guidelines and policies hereinafter collectively referred to as “Other Policies”) as communicated to you when you access the Website or do not wish to be bound by them, please do not use the Website in any way whatsoever. By using or accessing the Website, you have expressly indicated to us that you have read, acknowledged and understood as well as fully agreed, to be bound by these Terms, Privacy Policy and all Other Policies, irrespective whether you register with the Website or create a Website account or not.

Acceptance of Terms, etc

These Terms is in the form of an electronic and legally binding contract that establishes the terms and conditions you have accepted before using the Website or any part thereof. These include our Privacy Policy and Other Policies as mentioned in these Terms as well as other specific policies and terms and conditions disclosed to you, in case you avail any subscription or any additional features, products or services we offer on or through the Website, whether free or otherwise, including but not limited to terms governing features, billing, subscriptions, free trials, promotions and discounts. By using the Website, you hereby unconditionally consent and accept to these Terms, Privacy Policy and Other Policies. To withdraw such consent, you must immediately cease using the Website and terminate your account with us. You are requested to keep a physical copy of these Terms and all other referred policies herein for your records.

You consent to have these Terms and all notices provided to you in electronic form.

Every time you use the Website, you confirm your agreement with these Terms, Privacy Policy and Other Policies.

Eligibility

The minimum age to use the Website is 18 (eighteen) years. By using the Website and in order to be competent to contract under applicable law, you represent and warrant that you are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where you access the Website.

Using the Website may be prohibited or restricted in certain jurisdictions. If you use the Website from such prohibited/restricted jurisdiction, you are solely responsible and liable and responsible for any compliance/non-compliance with the laws and regulations thereof.

By using the Website, you hereby represent and warrant to us that you have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof.

Website Account

In order to use the Website, currently there is no specific login requirement. However, in future, access to the Website may be by way of creating login credentials or you may have the option of signing in using your Email, Facebook, Instagram or other social media login. If you do so, you authorize us to access and use certain account information of yours from such login, including but not limited to your public profile and information about your contacts you might share in common with other Website users, your interests and dislikes. For more information regarding the type/nature of information we collect from you and how we use it, please refer our Privacy Policy.

Your account login details you provide to us must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and you are solely responsible and liable for any and all usage and activity on the Website that takes place under your account.

By agreeing to these Terms, you grant us the permission to send electronic communications to you as part of our offering. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from us and our partners. Should you no longer wish to receive such electronic communications, you may write to us at reachout@themfinepeople.com.

Any account you open with us is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person or entity to access or use your account in any way whatsoever.

Term and Termination

These Terms will remain in full force and effect while you use the Website or any part thereof, as a registered user.

You may terminate or disable your Website account at any time and for any reason by deleting your profile and Website account.

We may terminate or suspend, whether temporarily or permanently, your Website account at any time without notice and for any reason. Further, at our sole discretion, we may terminate or suspend, whether temporarily or permanently, your Website account at any time without notice if we reasonably believe that you have breached these Terms, or for any other reason, with or without cause. After your Website account is terminated or suspended, all the terms hereof shall survive such termination or suspension, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

You acknowledge that we reserve the right to terminate or delete your account in case it remains 'inactive' for a duration as determined by us in our sole discretion. If we terminate or suspend your account because you have breached these Terms or Other Policies, you will not be entitled to any refund of any unused subscription fees or refund of any fees towards any in-Website purchases.

Following termination of these Terms, we will only retain and use your content in accordance with these Terms.

Website Usage

The Website is strictly available for your personal and non-commercial use only.

You are hereby strictly prohibited from and against:

undertaking any marketing, promotion, advertising or soliciting any other Website user to buy or sell any products or services whether through the Website or not;
transmitting any chain letters, junk, bulk or spam e-mail or other unsolicited communications of any kind whatsoever to other Website users or publishing the same on the Website or anywhere else; and
defaming, stalking, harassing, abusing or contacting any Website user with a malicious intent or using the details of any Website user for any purpose not expressly permitted under these Terms.

It is hereby expressly clarified that any of the aforesaid acts undertaken by you shall be to your sole liability, responsibility, risk and consequences and you hereby agree to indemnify us for the same.

You agree to take all necessary precautions in all interactions with other Website users when you communicate with them whether through the Website.

Account Security

You shall be solely responsible and liable for maintaining the utmost privacy and confidentiality of your Website log-in (username and password) details as well as for any and all activities that occur under your log-in. You agree to immediately notify us of any disclosure or unauthorized use of your log-in or any other breach of security at reachout@themfinepeople.com and ensure that you log-out from your account at the end of each session.

Proprietary Rights

All content on this Website, including images, illustrations, audio and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by our licensors.

You confirm and agree that we are the owner of the proprietary information made available to you through the Website and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all confidential information.

You undertake not to copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any (i) confidential or proprietary information, or (ii) intellectual property, including copyrights, trademarks, service marks or other proprietary information accessible via the Website without first obtaining our prior written consent. Any of the foregoing acts undertaken by you without our express permission constitutes breach of these Terms as well as breach of infringement of ours/our licensors’ intellectual and other proprietary rights.

Other Website users may upload/publish/post any copyrighted information, which may have copyright protection or not or which may be identified as copyright. You undertake not to copy, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information in any way and for any purpose whatsoever.

By posting information or content to any profile pages or public area of the Website, or making it accessible to us by linking your account to any social network accounts (e.g. via Facebook, Twitter, Instagram etc.), you grant us unconditionally and in perpetuity, and represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, we may modify, add or vary existing features or programs of the Website or create, add, test or implement new features or programs on the Website in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, you grant us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these Terms.

User Information

For information about the collection and possible use of information and content provided by you, please review our Privacy Policy available at https://www.themfinepeople.com/pages/privacy-policy.

Notwithstanding any other provisions of these Terms, we reserve the right to disclose any information that you submit to us, if in our sole opinion, we reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, court officials, expert professional investigative agencies and the like) or for any legal process; (ii) for enforcing these Terms; (iii) for protecting or defending ours, any Website user or any third party's rights or property; or (iv) for supporting any fraud/ legal investigation/ verification checks. You acknowledge and understand the provisions of this Clause and grant us an unconditional, perpetual right and permission to make such disclosure.

By using the Website, you hereby permit us to use the information you provide us, including your experiences to facilitate us to improve the Website and its functionality as well as for promotional purposes, including the permission to publish your non-personal information in any of our partner websites.

Prohibited Activities

We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, your Website account with us if you undertake any of the following acts:

breach these Terms, Privacy Policy or Other Policies;
abuse, impersonate or defame us or any Website user or any other person, entity or any religious community;
use the Website for any commercial use or activity, including for any unlawful activity, not expressly permitted as per aforesaid Clause 5 of these Terms;
make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by us without our specific prior written consent;
use the Website in an illegal manner or commit an illegal or unlawful act or use the Website in any manner not expressly authorized by us;
access the Website from a jurisdiction in which it is illegal or unauthorized or barred;
undertake, ask, solicit or use Website users to conceal the identity, source, or destination of any illegally gained money, services or products;
use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
collect any personal information, including contact details, of any Website users by forcing any Website user by electronic or any other means and for any purpose, not expressly permitted under these Terms;
send any unsolicited email or any other communication to any Website user in any way whatsoever not expressly permitted under these Terms;
undertake any unauthorized framing of or linking to the Website or “frame” or “mirror” any part of the Website, without our prior written authorization;
interfere with, obstruct, destroy or disrupt the Website or the servers or networks connected to the Website, whether partly or fully and whether permanently or temporarily;
email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the Website or of any computer software or hardware or telecommunications equipment connected with the Website;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website (either directly or indirectly through use of any third party software);
use meta tags, code, programs or other devices, tools or technology containing any reference to us or the Website (or any trademark, trade name, service mark, logo or slogan of ours) to direct any person to any other Website or application for any purpose;
directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website; or
post, use, transmit or distribute, directly or indirectly, in any manner or media any content (whether textual, graphical, images, audio, video, audio-video or any combination thereof) or information obtained from the Website other than solely in connection with your use of the Website in accordance with these Terms.

Content Posted By You

You are solely responsible for any and all content or information that you post, upload, share, publish, link to, transmit, record, display or otherwise make available (hereinafter collectively referred to as“publish”) on the Website or transmit to other Website users, including text messages, chat, audio, video, photographs, images, graphics or any combination thereof, whether publicly published or privately transmitted (hereinafter collectively referred to as “Content”).

We do not verify or validate the completeness, accuracy or truth of any Content you publish on or through the Website. We are not the publisher of the Content and only provide you with a technology platform to facilitate you to publish such Content. We assume no responsibility or liability of any sort whatsoever for providing a technology platform to our Website users to facilitate them to publish their Content. To protect the integrity of the Website, we reserve the right to exercise editorial control over your Content, including the right to block any Website user from accessing the Website, whether temporarily or permanently.

You shall not publish to us or to any other Website user (either on or off the Website), any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or content that infringes or violates ours or any person’s rights (including intellectual property rights, and rights of privacy and publicity).

You represent and warrant that (i) all information and Content that you submit upon creation of your Website account, including information submitted from any permissible linked third party account, is accurate, complete and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to publish the Content on the Website and grant the licenses as agreed in these Terms.

You understand and agree that we have the right but not the obligation to monitor or review any Content you publish on the Website. We may delete any Content, in whole or in part, that in our sole judgment violates these Terms or may harm the reputation of the Website or ours or other Website users.

By publishing Content on the Website, you automatically grant us and to our affiliates, licensees, successors and assigns, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any publishing and use of your Content by us will not infringe or violate the rights of any third party.

You shall not publish or otherwise make available Content that:
- advocates harassment or intimidation of another person;
- is offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate;
- belongs to another person and to which you are already aware that the same does not belong to you or that you do not have any right to the same;
- directly or indirectly deals with child pornography;
- is an illegal or unauthorized copy of another person’s copyrighted work;
- infringes upon or violates any third party's right to privacy, including any intellectual property rights;
- is not expressly permitted under these Terms; or
- violates any applicable law for the time being in force.

We reserve the right, in our sole discretion, to investigate and take any legal action against anyone who violates this Clause, including deleting or removing the offending Content from the Website and/or terminating or suspending the Website account of such violating user. Whilst we reserve our right to delete or remove such Content, we do not guarantee that such offensive Content will be removed or deleted. Failure by us to remove or delete such Content does not waive our right to remove or delete the same in subsequent or similar cases.

We assume no responsibility or liability for any deletion of or failure to store any of your Content.

Delivery / Shipping Policy

The shipping charges are included in the final bill amount. All products are shipped by recognized courier/logistics partners, unless some partners are unable to service your location area. Product delivery schedules may vary during holiday season or due to some unforeseen circumstances. You undertake to provide us with accurate postal address to facilitate delivery by us as any incomplete address is likely to result in loss or delay of your shipment for which we will not be responsible.

While we will endeavor to use our best efforts to provide expeditious delivery of your products on the estimated arrival date, however, we will assume no responsibility for any losses or delays in delivery of your product orders arising from circumstances not under our control. It is clarified that we disclaim any claims or liabilities arising from any delays or damages for products in transit and we will not be held responsible and will bear no liability for delays or damages caused for any unforeseen circumstances and any such delay beyond our control will not constitute as a deficiency of our services.

You agree that the risk of loss and title for any product shall pass to you upon the delivery of your product to our logistics partner.

Please contact us at reachout@themfinepeople.com should you have any query pertaining to your product delivery/ shipping.

Payments and Refunds

We accept payments from various modes as available on the Website. We reserve the right to amend any of these modes at our sole discretion. We will begin processing your orders upon verification that your payment has been received by us.

Any amounts paid by you to avail any products from the Website will be refunded only in the following circumstances:

Duplicate amount received
Wrong delivery of the products as compared to order placed
Poor quality of products delivered

You shall intimate us of the above instances within 10 days from receipt of the delivery of the product.

In all the above instances, we shall replace the products or refund the amounts as per your instructions.

Refund, if any, shall be made at the same issuing bank through which you had purchased the product.

Exchange / return policy: Since we are print to order (no item is printed till it is ordered and payment is received). Unfortunately we cannot exchange / return items for the time being.

Cancellation policy: We are unable to accept cancellations once the order is placed and payment is received.

Order change policy: Due to all product orders being Print on Demand, we are unable to change products once the order is already placed.

Copyright Notice

If you are aware that yours or any third party’s copyright in the product designs have been infringed, then you can write to us at reachout@themfinepeople.com by providing with the following details:

your contact name, address and email;
description of the product design infringed;
description of the violation of the copyright;
ownership details of the owner of the original design / copyrighted work;
creation date of the original design / copyrighted work;
first publication date of the original design / copyrighted work;
date of copyright registration (if applicable); and
your relationship with the original design / copyrighted work.

Upon receipt of all the aforesaid information, we may request you to provide us with additional information, if required, and accordingly we will proceed further with the verification accordingly.

Modifications to the Website

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Any access or usage by you of the Website shall imply that you have accepted any new or modified Terms. Please re-visit these Terms from time to time to stay abreast of any changes that we may introduce.

Disclaimer of Warranty

To the maximum extent permitted by applicable law, we have provided the Website on an "AS IS" and "AS AVAILABLE" and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the Website or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, merchantability or compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the Website will always be secured, uninterrupted, available, error-free or will meet your requirements or expectations, or that any defects in the Website will be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Website at all times and the results of the use of the Website.

Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. We do not (i) guarantee the accuracy, completeness or usefulness of any information provided on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us.

From time to time, we may offer new features or tools which our Website users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.

We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of the Website.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential, liquidated and/or punitive damages arising out of or relating to the use or inability to use the Website, result of using the Website including, without limitation, damages for recommendation of the Website, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will we be liable for any liquidated or punitive damages.

Indemnification

You agree to indemnify, defend and hold us harmless, as well as our partner websites and affiliates, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Website, including but not limited to (i) any violation by you of these Terms, or (ii) any action arising from the Content that you publish on the Website or using the Website that infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of ours or of any third party, or (iii) any Content that is in breach of Clause 10.7 above. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will co-operate fully in asserting any available defenses in such case.

Miscellaneous

Entire Agreement: These Terms constitutes the entire agreement between you and us regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between you and us.

Amendment: We reserve the right to amend these Terms from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the Website once the revisions have been posted onto the same. You should therefore check the Website from time to time to review the current Terms as applicable to you.

Survival: Termination or suspension of your Website account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.

Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. You irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai, India and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

No Assignment: These Terms are personal to you. You cannot assign your rights or obligations, whether partly or fully, to anyone.

Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.

Waiver: No waiver of any term, provision or condition of these Terms whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.

Grievance Officer

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

Name: Austin Talkies LLP
Email: reachout@themfinepeople.com

Contact Us

Please contact us by email on reachout@themfinepeople.com for any questions or comments regarding these Terms or pertaining to the Website.

Last Updated on: 22^nd October 2023