TERMS AND CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and  published in accordance with the provisions of Rule 3 of the Information Technology  (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations,  privacy policy and Terms of Use for access or usage of Safari Stitch marketplace platform -  www.thesafaristitch.com (hereinafter, “Platform”) 

The Platform is owned by Sawhney India Pvt Ltd, having its registered office at C-147, 3rd floor,  Okhla Industrial Area, Phase 1, New Delhi 110020 India. The term "The Safari Stitch", "We",  "Us", "Our" shall mean THE SAFARI STITCH and its affiliates. Your use of the Platform  and services and tools are governed by the following terms and conditions ("Terms of Use").  Please read these Terms carefully before using or accessing the Platform or availing any  Service.  

Any natural or legal person who accesses and/or uses the Platform in any manner (“you” or  “your”) or uses any current or future service or functionality or offer made available on the  Platform (“Service”) will be subject to these terms and conditions for use of the Platform  (“Terms”), as updated from time to time.  

For the purposes of these Terms, “Products” shall mean the diverse range of apparels,  footwear, and accessories for men and women, listed on the Platform from time to time and  other products offered for sale to you on both the Platform; and We and you are hereinafter  individually referred to as “Party” and collectively as “Parties”. 

TERMS AND CONDITIONS FOR USAGE OF THE PLATFORM

1. GENERAL 

1.1 Please note that we may from time to time, modify the Terms of Use that govern your use  of the Platform. Every time you wish to use our Platform, please check these Terms of Use to  ensure that you understand the terms and conditions that apply at that time. Further, please  note that we reserve the right to either change the format and the content of the Platform or  suspend the operation of the Platform for support or maintenance work, in order to update the  content or for any other reason, at any time. 

1.2 The accessing, browsing, or otherwise using the Platform indicates your agreement to  these Terms of Use, the Privacy Policy and any other policies or guidelines that may be  applicable to the Platform at the time of your access and usage of the Platform and which  may be updated from time to time (collectively, the “Agreement”). 

1.3 We authorise you to view and access the Platform solely for identifying Products,  carrying out purchases of Products and processing returns and refunds, in accordance with  the Return and Refund Policy. We therefore grant you a limited, revocable permission to  access and use the Services.

1.4 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above  and are fully competent to enter into this Agreement, and to abide by and comply with this  Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/ browsing the concerned Platform under the supervision of his/her parent or legal guardian  and that such user’s parent or legal guardian has read and agrees to the terms of this  Agreement, including the terms of purchase of Products on behalf of the minor user. In the  event we are made aware that a user is under the age of 18 and is using/browsing the  Platform without the supervision of his/her parent or legal guardian, we reserve the right to  deactivate such user’s account without further notice. Further, if you are using the Services  on behalf of a company or organisation, you represent that you have the authority to act on  behalf of that entity, and that such entity accepts this Agreement. 

2. GOODS AND SERVICES PROVIDED 

2.1 The terms and conditions for usage of the Platform as set out herein (“Terms of Use”)  specifically govern your access and use of the Platform, which provides a forum for you  to inter alia discover, select and buy original merchandise such as apparels, footwear, and  accessories (collectively, "Products"). Products listed on the Platform at the indicated price at  any time, from the locations serviceable by us. 

2.2. The Products can be purchased through the Platform through various methods of  payments offered. The sale/purchase of Products shall be additionally governed by specific  policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are  incorporated here by reference). 

2.3.1 Listing and display of a Product by us on the Platform is our invitation to you to make  an offer for purchase of such Product. Likewise, the placement of an order on the Platform by  you is your offer to buy the Product(s) from us. 

2.3.2 Once you have placed an order with us for purchase of a Product, you will receive an e mail and/or mobile SMS confirming receipt of your order and containing the details of your  order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement  that we have received your order and does not signify our acceptance of your offer. 

2.3.3 We only accept your offer and conclude the contract of sale for a Product ordered by  you, when the Product is shipped or dispatched to you and an e-mail and/or registered mobile  number confirmation is sent to you that the Product has been shipped or dispatched to you  (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or  cancel any order for any reason whatsoever before sending Shipment Confirmation to you. 

2.3.4 Any communication from us shall be sent only to your registered mobile number and/or  email address or such other contact number or email address that you may designate, for any  particular transaction. You shall be solely responsible to update your registered mobile  number and/or email address on the Platforms in the event there is a change. Further, we may  also send you notifications and reminders with respect to scheduled deliveries of the  purchased Products. While we shall make every endeavour to share prompt reminders and 

notifications relating to the delivery of purchased Product(s) with you, we shall not be held  liable for any failure to send such notifications or reminders to you.  

2.3.5 Your contract is with us and you confirm that the Product(s) ordered by you are  purchased for your internal / personal purpose and not for re-sale or business purpose. Please  note that we sell Products only in quantities which correspond to the usual requirements of an  average household. This applies both to the number of Products ordered within a single order  and the placing of several orders for the same Product where the individual orders comprise a  quantity typical for a normal household. 

2.3.6 All orders placed on the Platforms are subject to the availability of such Product, our  acceptance of your offer as per the above and your continued adherence to these Terms of  Sale. 

2.3.7 You hereby authorise us to declare and provide declarations to any governmental  authority on request on your behalf, including that the Products ordered by you are for  personal, non-commercial use. 

3. REGISTRATION OF YOUR ACCOUNT 

3.1 In order to purchase Products on the Platform and/or avail Services thereof, you will have  to register on the Platform. Registration is a one-time process and is free of cost. 

3.2 You may register on the Platform by creating a Safari Stitch account: by providing the  relevant information for the creation of your account on the Platform and after filling in the  necessary forms and providing the necessary details as may be required by us at the time of  your registration. Following this, an account will be created. 

3.3 You are solely authorized to operate the account created by you. Consequently, it is your  responsibility to maintain the confidentiality of the log in credentials of your account on the  Platform and for restricting access to your computer/mobile/other similar devices to prevent  unauthorized access to your account.  

3.4 If there is reason to believe that there is likely to be a breach of security or misuse of your  account, we may request you to change the password or we may suspend your account  without any liability to Safari Stitch, for such period as we deem appropriate in the  circumstances. We shall not be liable for any loss or damage arising from your failure to  comply with this provision.  

3.5 You may be held liable for any losses incurred to us or any other user due to unauthorized  use of their account by you. We reserve the right to refuse access to the Platform, terminate  accounts, remove, or edit content at any time without notice to you. 

4. RETURN AND REFUND 

Please review the Returns Policy and Refund Policy of the Platforms which applies to  Products sold by us.

5. PRODUCT AVAILABILITY 

We list availability information for the Products on the relevant webpage of the Platform.  Beyond what we say on that webpage or otherwise on the Platforms, we cannot be more  specific about availability. Please note that dispatch estimates are not guaranteed and should  not be relied upon as such. As we process your order, you will be informed by e-mail and/or  mobile SMS if any Products you order turn out to be unavailable or out of stock. 

6 PRODUCT PRICING 

6.1 All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable  taxes. 

6.2 Products in your shopping cart of the Platforms will reflect the most recent price as  displayed on the Product’s information webpage on the Platforms. Please note that this price  may differ from the price shown for the Product when you first placed it in your shopping  cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It  is also possible that a Product’s price may decrease between the time you place it in your  shopping cart and the time you place the order. The prices mentioned at the time of ordering  will be the prices charged on the date of the delivery. 

7. TAXES 

You shall be responsible for payment of all fees/costs/charges associated with the purchase of  Products from us and you agree to bear any and all applicable taxes. 

8. ELIGIBILITY 

Only persons who can enter into 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 into contracts by any law, can use the 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. 

9. LIMITATION OF LIABILITY 

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. 

10. USER WARRANTIES AND RESTRICTIONS 

10.1 You represent and warrant that: (a) your use of the Platform and/or Services will not  violate any applicable law or regulation; (b) all information that is submitted to us in  connection with the Platform and/or Services is true, accurate and lawful; (c) use of the 

content and material you supply does not breach any applicable Agreement and will not cause  injury to any person or entity (including that the content or material is not defamatory). If at  any time, the information provided by you is found to be false or inaccurate, we will have the  right to reject registration, cancel all orders, and restrict you from using the Services and  other affiliated services in the future without any prior intimation whatsoever. You agree to  indemnify us and our affiliates for all claims brought by a third party against it or its affiliates  arising out of or in connection with a breach of any of these warranties. 

10.2 You will use the Platform for lawful purposes only and will not undertake any activity  that is harmful to the Platform or its content or otherwise not envisaged through the Platform.  You have a limited license to access and use the Platform solely for the purpose of availing  the Services, subject to these Terms of Use. 

10.3 You will not do any of the following: 

10.3.1 Delete or modify any content on the Platform, including but not limited to any  information regarding the Services, their performance, sales or pricing, legal notices,  disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do  not own or have express permission to modify; 

10.3.2 Decompile, reverse engineer, or disassemble the content on the Platform; 

10.3.3 Use the Services in any way that is unlawful, or harms Safari Stitch or any other  person or entity, as determined in Safari Stitch’s sole discretion; 

10.3.4 Use any engine, software, tool, agent or other mechanism (such as spiders, robots,  avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or  search the Platform; 

10.3.5 Make false or malicious statements against the Services, the Platform or us; 

10.3.6 Post, copy, submit, upload, distribute, or otherwise transmit or make available any  software or other computer files that contain a virus or other harmful component, or  otherwise disrupt or damage the Platform and/or Services or any connected network, or  otherwise interfere with any person or entity’s use or enjoyment of the Platform and/or the  Services; 

10.3.7 Introduce any trojans, viruses, any other malicious software, any bots or scrape the  Platform for any information; 

10.3.8 Probe, scan, or test the vulnerability of any system, security or authentication  measures implemented by us or otherwise tamper or attempt to tamper with our technological  design and architecture; 

10.3.9 Hack into or introduce malicious software of any kind onto the Platform; 

10.3.10 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on  which the details connected to the Services are stored, or any other server, computer, or  database connected to the Services; or 

10.3.11 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,”  “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly  understood and used on the internet.

11. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS 

11.1 We will try to ensure that all information and recommendations, whether in relation to  the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of  the Platform is correct at the time of inclusion on the concerned Platform. We do not  guarantee the accuracy of the Information. We make no representations or warranties as to the  completeness or accuracy of Information. 

11.2 As a means to assist the users in identifying the Products of their choice, we provide  visual representations on the Platform including graphics, illustrations, photographs, images,  videos, charts, screenshots, infographics, and other visual aids. While reasonable efforts are  made to provide accurate visual representation, we disclaim any guarantee or warranty of  exactness of such visual representation or description of the Product, with the actual Product  ultimately delivered to users. The appearance of the Product when delivered may vary for  various reasons. 

11.3 You agree that Information is being supplied to you on the condition that you will make  your own determination as to the suitability of such information for your purpose prior to use  or in connection with the making of any decision. No Information on the Platform shall  constitute an invitation to invest in us or any affiliates. Any use of the Platform or the  Information is at your own risk. Neither we, our affiliates, nor their officers, employees nor  agents, shall be liable for any loss, damage or expense arising out of any access to, use of,  this website, the Information, or any third-party website linked to the Platform. We are not  responsible for the content of any third-party sites and do not make any representations  regarding the content or accuracy of material on such sites. If you decide to access links of  any third-party platform, you are doing so entirely at your own risk and expense. 

11.4 We do not covenant or provide any representations and warranties: 

11.4.1 in respect of quality, suitability, accuracy, reliability, performance, safety,  merchantability, fitness for a particular purpose/consumption or the content (including  Product or pricing information and/or specifications) on the Platform; 

11.4.2 that the Services will be made available at all times; and 

11.6. All the materials and products (including but not limited to software) and services,  included on or otherwise made available to you through Platform are provided on "as is" and  "as available" basis without any representation or warranties, express or implied except  otherwise specified in writing. Without prejudice to the forgoing paragraph, Safari Stitch does  not warrant that: Platform will be constantly available, or available at all or the information  on Platform is complete, true, accurate or non-misleading. 

11.7. You will be required to enter a valid phone number while placing an order on the  Platform. By registering your phone number with us, you consent to be contacted by Us via  phone calls and/or SMS notifications, in case of any order or shipment or delivery related  updates. We will not use your personal information to initiate any promotional phone calls or  SMS.

Disclaimer -To the extent permitted by applicable law, We, our officers, agents, employees,  and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim,  injury caused due to the failure of performance, omission, defect of products, or deletion,  interruption, error, delay, virus, communication, unauthorised access, theft, destruction,  alteration or use of records on the Platform. 

12. PAYMENT 

12.1 While availing any of the payment method/s available on the Platform, we will not be  responsible or assume any liability, whatsoever in respect of any loss or damage arising  directly or indirectly to you due to: 

1. Lack of authorization for any transaction/s, or 
2. Exceeding the preset limit mutually agreed by you and between 'Bank/s', or  c. Any payment issues arising out of the transaction, or  
3. Decline of transaction for any other reason/s 

12.2 All payments made against the purchases/services on Platform by you shall be  compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not  facilitate transaction with respect to any other form of currency with respect to the purchases  made on Platform. 

12.3 Before shipping / delivering your order to you, the Platform may request you to provide  supporting documents (including but not limited to Govt. issued ID and address proof) to  establish the ownership of the payment instrument used by you for your purchase. This is  done in the interest of providing a safe online shopping environment to our Users. 

12.4 Payment Facility for the Platform: 

You, as a Buyer, understand that upon initiating a Transaction, you are entering into a legally  binding and enforceable contract with the Platform to purchase the products and /or services  using the Payment Facility, and you shall pay the Transaction Price through your Issuing  Bank to the Platform using Payment Facility. 

You, as a Buyer, may agree with the Platform through electronic communication and  electronic records and using the automated features as may be provided by Payment Facility  on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall  stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or  subsequent novation / variation of the Transaction should be in compliance with Payment  Facility Rules and Policies. 

You, as a Buyer, shall electronically notify Payment Facility using the appropriate Safari  Stitch Platform features immediately upon Delivery or non-Delivery within the time period  as provided in Policies. Non notification by You of Delivery or non-Delivery within the time  period specified in the Policies shall be construed as a deemed Delivery in respect of that 

Transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the  receipt of products or services. 

You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as your sole and  exclusive remedy) in case You do not receive the Delivery within the time period agreed in  the Transaction or within the time period as provided in the Policies, whichever is earlier. In  case you do not raise a refund claim using Platform features within the stipulated time than  this would make you ineligible for a refund. 

You, as a Buyer, understand that the Payment Facility may not be available in full or in part  for certain category of products and/or services and/or Transactions as mentioned in the  Policies and hence you may not be entitled to a refund in respect of the Transactions for those  products and /or services.  

Except for Cash on Delivery transaction, refund, if any, shall be made at the same Issuing  Bank from where Transaction Price was received, or through any other method available on  the Platform, as chosen by you. 

For Cash on Delivery transactions, refunds, if any, will be made via electronic payment  transfers. 

Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price  received in Indian Rupees. 

For electronics payments, refund shall be made through payment facility using NEFT / RTGS  or any other online banking / electronic funds transfer system approved by Reserve Bank  India (RBI). 

Refunds may be supported for select banks. Where a bank is not supported for processing  refunds, you will be required to share alternate bank account details with us for processing  the refund. 

Refund shall be conditional and shall be with recourse available to Safari Stitch in case of  any misuse by Buyer. 

We may also request you for additional documents for verification. 

Refund shall be subject to Buyer complying with Policies. 

The Safari Stitch reserves the right to impose limits on the number of Transactions or  Transaction Price which Safari Stitch may receive from on an individual Valid Credit/Debit/  Cash Card / Valid Bank Account/ and such other infrastructure or any other financial  instrument directly or indirectly through payment aggregator or through any such facility  authorized by Reserve Bank of India to provide enabling support facility for collection and  remittance of payment or by an individual Buyer during any time period, and reserves the  right to refuse to process Transactions exceeding such limit.

The Safari Stitch reserves the right to refuse to process Transactions by Buyers with a prior  history of questionable charges including without limitation breach of any agreements by  Buyer with Safari Stitch or breach/violation of any law or any charges imposed by Issuing  Bank or breach of any policy. 

As required by applicable law, if the Customer makes a purchase of an amount equal to or  above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her  PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase  made by the Customer will be cancelled. The requirement to submit the PAN card arises only  once and if it has been submitted once by the Customer, it need not be submitted again. The  order of the Customer shall stand cancelled if there is a discrepancy between the name of the  Customer and the name on the PAN Card. 

Buyer and Seller shall comply with all the applicable laws (including without limitation  Foreign Exchange Management Act, 1999 and the rules made and notifications issued there  under and the Exchange Control Manual as may be issued by Reserve Bank of India from  time to time, Customs Act, Information and Technology Act, 2000 as amended by the  Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002  and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules  made there under, Income Tax Act, 1961 and the rules made there under, Export Import  Policy of government of India) applicable to them respectively for using Payment Facility  and Myntra Platform. 

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a  Credit Card payment gateway or appropriate payment system infrastructure and the same will  also be governed by the terms and conditions agreed to between the Buyer and the respective  Issuing Bank and payment instrument issuing company. 

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway  provided by the respective Issuing Bank which support Payment Facility to provide these  services to the Users. All such Online Bank Transfers on Payment Facility are also governed  by the terms and conditions agreed to between Buyer and the respective Issuing Bank 

13. AVAILIBILITY AND ACCESIBILITY OF THE PLATFORM 

13.1 We control and operate the Platform from India and make no representation that the  materials and the content available on the Platform is appropriate to be used or will be  available for use in other locations in certain parts of and outside India. If you use the  Platform from outside India, you are entirely responsible for compliance with all applicable  local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or  in connection with any promotional activities or solicitation by anyone in any jurisdiction in  which such promotional activities or solicitation are not authorized or to any person to whom  it is unlawful to promote or solicit. 

13.2 We have several websites offering Products, Services, content, and various other  functionalities to specific regions worldwide. The Services offered in one region may differ 

from those in other regions due to availability, local or regional laws, shipment, and other  considerations. We do not make any warranty or representation that a user in one region may  obtain the Services from our site in another region and we may cancel a user's order or  redirect a user to the site for that user’s region if a user attempts to order Services offered on  a site in another region. 

13.3 We constantly monitor the user’s account in order to avoid fraudulent accounts and  transactions. 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. 

14. COPYRIGHTS IN SAFARI STITICH CONTENT 

14.1 The Platform contains material, including text, graphics, and sound, which is protected  by copyright and/or other intellectual property rights (“Safari Stitch Content”). All  copyright and other intellectual property rights in the Safari Stitch Content are either owned  by us or have been licensed to us by the owner(s) of those rights so that it can use the Safari  Stitch Content as part of the Platform. We retain copyright on all Information, including text,  graphics and sound and all trademarks displayed on the Platform are either owned by or  licensed to us. 

14.2 You may use and display the Safari Stitch Content on your personal computer only for  your personal use subject to the grant of a limited, revocable, personal, non-exclusive and  non-transferable license to you by us when you register on any of the Platform, only for  identifying Products, carrying out purchases of Products and processing returns and refunds  in accordance with our Return and Refund Policy and for using and printing copies of the  information on the Platform for your personal use and store the files on your computer for  personal use only and not for business purposes. 

14.3 You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading  or in any other way), distribute (including distributing copies), download, display, perform,  reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or  otherwise use any Safari Stitch Content contained on the Platform. These restrictions apply in  relation to all or part of the Safari Stitch Content available on the Platform; (b) copy and  distribute the Information on any other server, or modify or re-use text or graphics on this  system or another system; (c) reproduce any part of the Platform or sell or distribute the same  for commercial gain nor shall it be modified or incorporated in any other work, publication or  web site, whether in hard copy or electronic format, including postings to any other web site;  (d) remove any copyright, trademark or other intellectual property notices contained in the  original material from any material copied or printed off from the Platform; or (e) link any  other material to the Platform, without our express written consent. 

14.4 The license granted to you does not include a license for: (a) resale of Products or  commercial use of the Platform or Safari Stitch Content, (b) any collection and use of product  listings, description, or prices, (c) any use of the Platform, the Services and/or of Safari Stitch  Content other than as contemplated in these Terms of Use, (d) any downloading or copying of 

login credentials of user, (e) any use of data mining, robots, or similar data gathering and  extraction tools to extract (whether once or many times) any parts of the Platform, and (f)  creating and/ or publishing your own database that features parts of the Platform. 

14.5 If you believe that your intellectual property rights have been used in a way that raises  concerns of infringement, please write to us at team@thesafaristitch.com and let us know of  your concerns. 

15. TRADEMARKS 

All the trade names associated with us and all Products and logos denoted with TM are  trademarks that belong to us or our affiliates. Our trademarks may not be used in connection  with any product or service that is not our product or service. 

16. INDEMNIFICATION AND LIMITATION OF LIABILITY 

16.1 You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors,  employees, consultants, licensors, agents, and representatives from and against any and all  third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney  fees and costs) arising from your access to or use of the Platform or the Services, violation of  these Terms of Use, or infringement of any of our or any third-party intellectual property or  other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in  addition to the foregoing, you agree to provide us with reasonable assistance, at your  expense, in defending any such claim, loss, liability, damage, or cost. 

16.2 To the fullest extent permitted by law, in no event shall Safari Stitch or any of its  directors, officers, employees, agents or content or service providers (collectively, the “The Safari Stitch Representatives”) be liable to you for any direct, indirect, special, incidental,  consequential, exemplary, special, remote or punitive damage, including, but not limited to  damages for loss of profits, goodwill, use, data or other intangible losses arising from, or  directly or indirectly related to, the use of, or the inability to use, the Platform or the content,  materials and functions related thereto, the Services, provision of information via the  Platform, lost business, even if such The Safari Stitch Representatives have been advised of  the possibility of such damages. 

16.3 In no event shall The Safari Stitch Representatives be liable for: 

16.3.1 the use or inability to use the Platform and/or the Services; 

16.3.2 any content posted, transmitted, exchanged or received by or on behalf of any user or  other person on or through the Platform; or 

16.3.3 any other matter relating to the Platform or the Services. 

16.3 The Safari Stitch is neither liable nor responsible for any actions or inactions of the other  users of the Platform or any breach of conditions, representations or warranties by them. The  Safari Stitch is not obligated to mediate or resolve any dispute or disagreement amongst two  or more users of the Platform.

16.3 None of the directors, officials or employees of The Safari Stitch shall be personally  liable for any action in connection with the Platform or the Services thereto. 

17. APPLICABLE LAW AND JURISDICTION: 

These Terms of Use are governed by and to be interpreted in accordance with laws of India,  without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in  the event of any dispute arising in relation to these Terms of Use or any dispute arising in  relation to the Platform, whether in contract or tort or otherwise, to submit to the jurisdiction  of the courts located at New Delhi, India for the resolution of all such disputes. 

18. GRIEVANCE OFFICER: 

In accordance with the applicable law, any grievances which you may have with respect to  the information shared by you with us hereunder and its treatment or any grievance related to  Services being availed hereunder, may be directed by you to such grievance officer or at the  below mentioned coordinate: 

Name: Shirina Sawhney 

Designation: Grievance Officer 

Email Address: shirina@thesafaristitch.com 

19. FORCE MAJEURE 

We will not be held responsible for any delay or failure to comply with its obligations if the  delay or failure arises from any cause which is beyond our reasonable control. 

20. WAIVER 

No provision in these Terms of Use will be deemed waived and no breach excused, unless  such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your  breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for  any other different or subsequent breach. 

21. SEVERABILITY 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be  unenforceable under applicable law, then such provision will be excluded from these Terms  of Use and the remainder of these Terms of Use will be interpreted as if such provision were  so excluded and will be enforceable in accordance with its terms; provided however that, in  such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent  consistent with and permitted by applicable law, to the meaning and intention of the excluded  provision as determined by such court of competent jurisdiction. 

22. AMENDMENT 

These Terms of Use are subject to amendments and modifications and may be updated from  time to time, without any advance notice. You are requested to regularly review the Terms of  Use as available on the Platform. You relationship with the Platform will be governed by the  most current version of these Terms of Use, as published on the Platform. 

23. MISCELLANEOUS

23.1 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 Services. You agree  that we will not be liable for any transaction between itself and any such third parties. 

23.2 These Terms of Use supersede all previous oral and written terms and conditions (if any)  communicated to you by us, for the use of the Platform, and the rights and liabilities with  respect to any Services to be provided by us shall be limited to the scope of these Terms of  Use.