Shipping Policy
By using any of our services or registering on the website www.1.ohailakhan.com you agree that you have read, understood and are bound by the Terms and Conditions, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or immediately discontinue the use of our services.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
For the purpose of these terms and conditions, wherever the context so requires ‘You’ shall mean any natural or legal person who has subscribed to or used the services of this website or has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. “West Coast Couture/we/us/our/website/www.1.ohailakhan.com” shall mean West Coast Couture, a Partnership Firm having its registered office at 2nd Floor, Amtoibai blocks, 170, SV Road, Bandra West, Mumbai 400050, Maharashtra, India hereafter referred to as “West Coast Couture”
Use of the West Coast Couture Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the website and shall not transact or use the website. As a minor if you wish to use or transact on the website, such use or transaction may be made by your legal guardian or parents who have registered as users of the website. WEST COAST COUTURE reserves the right to terminate your membership and refuse to provide you with access to the website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
Introduction
1. 1.ohailakhan.com (“Website”) is an Internet based e-commerce portal operated by West Coast Couture.
2. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time.
User Account, Password, and Security:
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to immediately notify WEST COAST COUTURE of any unauthorized use of your password or account.
Limited User:
WEST COAST COUTURE grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case WEST COAST COUTURE gives written consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, modified, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of WEST COAST COUTURE. You shall not use any meta tags or any other “hidden text” and WEST COAST COUTURE’s name or trademarks without the express written consent of WEST COAST COUTURE. Any unauthorized use terminates the permission or license granted by WEST COAST COUTURE. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of WEST COAST COUTURE as long as the link does not portray WEST COAST COUTURE, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner or having a right to ownership of the same in any form. You shall not use any WEST COAST COUTURE logo or other proprietary graphic or trademark as part of the link without express written permission.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
4. Upload any video, photographs, or images of another person without his or her express written consent and permission (In case of minors, even if you have consent from the minor or his or her legal guardian).
5. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
6. Conduct or forward surveys, contests, pyramid schemes or chain letters;
7. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
8. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
9. Violate any code of conduct or other guidelines, which may be applicable for or to any Service;
10. Violate any applicable laws or regulations for the time being in force in or outside India; and
11. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
12. You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. WEST COAST COUTURE reserves the right to bar any such activity.
13. You shall not create any false account or profile with WEST COAST COUTURE. You alone are solely responsible for the data and information which has been provided to WEST COAST COUTURE. You shall not impersonate any other person/institution for any purposes.
14. WEST COAST COUTURE reserves the right, but has no obligation, to monitor the materials posted on WEST COAST COUTURE website. WEST COAST COUTURE shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of WEST COAST COUTURE, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the views of WEST COAST COUTURE. In no event shall WEST COAST COUTURE assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on WEST COAST COUTURE. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Pricing
All prices are in the respective currency selected by the website visitor. Prices, Products and Services may change at WEST COAST COUTURE’s discretion.
Registration on the website is free. WEST COAST COUTURE does not charge any fee for browsing and buying. WEST COAST COUTURE may at its sole discretion introduce any new services and modify some or all of the existing services offered. Changes in context of the Fees and related policies shall automatically become effective immediately once implemented.
You shall be solely responsible for compliance of all applicable laws including those applicable for performing any transaction online.
Shipping:
Once we receive the order, we shall dispatch your product(s) within 4-6 weeks using the best courier services available. You should receive the same within 15 days of dispatch.
WEST COAST COUTURE will not charge you a shipping fee, however if required WEST COAST COUTURE may, at its sole discretion introduce a shipping fee. Due notice for the same will be provided.
Payment Methods:
Indian customers can pay for their orders using all major Indian bank Debit Cards, Indian Credit Cards, Internet Banking and wallets such as Paytm, Freecharge and MobiKwik.
Customers from outside India can pay using services provided by PayPal.
Cancellation and Refund/Exchange Policy:
We do not accept any cancellation and exchange requests. Refunds will not be provided in any situation.
Cancellation of order:
WEST COAST COUTURE reserves the right to cancel any order without any explanation for doing so, under a situation where WEST COAST COUTURE is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the policy of WEST COAST COUTURE. However, we shall duly intimate the concerned person and the applicable refund will be made within 14 working days using the same payment method used by you.
Restrictions on use, Terms of use
Except where specifically authorised, the User may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software.
By using the WEST COAST COUTURE Site (other than to read this Agreement for the first time), User agrees to comply with all the terms and conditions hereof. The right to use the WEST COAST COUTURE Site is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
WEST COAST COUTURE shall have the right at any time to change or discontinue any aspect or feature of the WEST COAST COUTURE Site, including, but not limited to, content, hours of availability and equipment needed for access or use.
Communicating through E-mail is not secure and capable of interception, corruption and delays. Anyone communicating with WEST COAST COUTURE by email accepts the risks involved and their consequences. Before opening any attachment/(s) please check them for viruses and defects.
Changed Terms
WEST COAST COUTURE shall have the right at any time to change or modify the terms and conditions applicable to your use of the WEST COAST COUTURE Site, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the WEST COAST COUTURE Site, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of the WEST COAST COUTURE Site by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
Equipment
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of WEST COAST COUTURE’s Site and all charges related thereto.
Your Conduct
You shall use WEST COAST COUTURE’s Site for lawful purposes only. You shall not post or transmit through WEST COAST COUTURE’s Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without WEST COAST COUTURE’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in WEST COAST COUTURE’s discretion restricts or inhibits any other user from using or enjoying WEST COAST COUTURE’s Site will not be permitted. User shall not use WEST COAST COUTURE’s Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with WEST COAST COUTURE’s Site. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of WEST COAST COUTURE and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
User shall not upload, post or otherwise make available on WEST COAST COUTURE’s Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of WEST COAST COUTURE’s Site, User automatically grants, or warrants that the owner of such material has expressly granted WEST COAST COUTURE the royalty fee, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants WEST COAST COUTURE the right to edit, copy, publish and distribute any material made available on WEST COAST COUTURE’s Site by User.
The foregoing provisions are for the benefit of WEST COAST COUTURE, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Disclaimer of Warranty: Limitation of Liability
User expressly agrees that use of WEST COAST COUTURE’s Site is at User’s sole risk. Neither WEST COAST COUTURE, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that WEST COAST COUTURE’s Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of WEST COAST COUTURE’s Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through WEST COAST COUTURE’s Site.
WEST COAST COUTURE’s Site is provided on an “As Is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury, caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that WEST COAST COUTURE is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties in cases including but not limited to any interactive communication on or through the site and that the risk of injury from the foregoing rests entirely with subscriber(s).
In no event will WEST COAST COUTURE, or any person or entity involved in creating, producing or distributing WEST COAST COUTURE’s Site or WEST COAST COUTURE’s Site software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use WEST COAST COUTURE’s Site. User hereby acknowledges that the provisions of this section shall apply to all content on WEST COAST COUTURE’s Site.
In addition to the terms set forth above neither, WEST COAST COUTURE, not its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within West Coast Couture Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Prior to the execution of a stock trade, subscribers are advised to consult with your broker or other financial representative to verify pricing or other information. WEST COAST COUTURE, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, WEST COAST COUTURE, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION
Breach
Without limiting other remedies, WEST COAST COUTURE may limit or terminate your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to WEST COAST COUTURE’s website in the event you are found to be in a breach of any of the terms and conditions in this Agreement.
Indemnity
You shall indemnify and hold harmless WEST COAST COUTURE, its owner, licensee, affiliates and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.
Limitation of Liability
IN NO EVENT SHALL WEST COAST COUTURE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF WEST COAST COUTURE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES
Monitoring
WEST COAST COUTURE shall have the right, but not the obligation, to monitor the content of WEST COAST COUTURE’s Site, all interactive communication including but not limited to chat rooms and forums, to determine compliance with this Agreement and any operating rules established by WEST COAST COUTURE and to satisfy any law, regulation or authorized government request. WEST COAST COUTURE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on WEST COAST COUTURE’S Site. Without limiting the foregoing, WEST COAST COUTURE shall have the right to remove any material that WEST COAST COUTURE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Indemnification
User agrees to defend, indemnify and hold harmless WEST COAST COUTURE, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of WEST COAST COUTURE’s Site by User or User’s Account.
Termination
Either WEST COAST COUTURE or User may terminate this Agreement at any time. Without limiting the foregoing, WEST COAST COUTURE shall have the right to immediately terminate User’s Account in the event of any conduct by User which WEST COAST COUTURE, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
Trademarks
WEST COAST COUTURE or any other trademarks and trade names being shown or used on the site are the property of their respective owners.
Third Party Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, abusive, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. WEST COAST COUTURE reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant WEST COAST COUTURE and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WEST COAST COUTURE and its affiliates and sub-licensees, the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and keep indemnified WEST COAST COUTURE or its affiliates for all claims resulting from content you supply. WEST COAST COUTURE has the right but not the obligation to monitor and edit or remove any activity or content. WEST COAST COUTURE takes no responsibility and assumes no liability for any content posted by you or any third party.
Miscellaneous
This Agreement and any operating rules for WEST COAST COUTURE’s site established by WEST COAST COUTURE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India and courts in Mumbai shall have the exclusive jurisdiction to entertain and try any dispute arising out of or in relation to this Contract. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
JURISDICTION
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. Any dispute or litigation shall be subject to the Jurisdiction of the Courts of Mumbai alone and not at any other place in India or outside its boundaries.
If at any time, you believe WEST COAST COUTURE’s site has not adhered to these principles, please notify us by e-mailing at support@1.ohailakhan.com and we will use all commercially reasonable efforts to promptly determine and correct the problem.
If you have questions about this policy, please e-mail us at info@1.ohailakhan.com