Term Conditions Page
TERMS & CONDITIONS
Company: Hellwet Technologies Private Limited
Platform: fashionkart.ai
Address: First Floor, B-2/64, Lohia Path, Lucknow, Uttar Pradesh- 226010, India
? TABLE OF CONTENTS
Definitions & Interpretations
Platform Overview & Legal Nature
Acceptance of Terms
Eligibility & User Representations
Account Registration & Security
User Obligations & Conduct
AI Virtual Trial Room – Detailed Legal Disclaimer
Image Upload, Ownership & License
Body Data, Measurements & Accuracy Disclaimer
Marketplace Role & Intermediary Safe Harbour
Product Listings & Content Responsibility
Pricing, Availability & Errors
Orders, Cancellations & Rejections
Payments, Gateways & Financial Flow
Returns, Refunds & Cancellations (High-Detail)
Seller Relationship Disclaimer
Intellectual Property Rights
Third-Party Services & Links
Suspension, Termination & Blacklisting
Data Protection Cross-Reference
Indemnity (Very Strong)
Limitation of Liability
Force Majeure
Legal Compliance & Government Cooperation
Dispute Resolution & Arbitration
Governing Law & Jurisdiction
Modifications & Updates
Entire Agreement & Severability
? PART 1.1
DEFINITIONS & INTERPRETATION
1.1 Definitions
For the purposes of these Terms & Conditions, unless the context otherwise requires, the following words and expressions shall have the meanings assigned to them below:
“Company”
Means Hellwet Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at B-2/64, Vibhutikhand, Lucknow, Uttar Pradesh – 226011, India.
“Platform”
Means the website, mobile application, web application, APIs, AI systems, dashboards, tools and services operated under the brand name fashionkart.ai, including all present and future features.
“User” / “You” / “Your”
Means any individual, visitor, registered user, buyer, customer, or any person accessing or using the Platform in any manner whatsoever.
“Seller” / “Vendor” / “Merchant”
Means any third-party individual, firm, company or entity that lists, advertises or sells products on the Platform.
“AI Virtual Trial Room”
Means the artificial intelligence powered feature that allows users to visualize apparel or fashion items on uploaded images or simulated body models using algorithmic rendering.
“User Content”
Means any image, selfie, photograph, body image, measurement, text, review, feedback or data uploaded by the User.
“Transaction”
Means any purchase, payment attempt, refund request, return request or cancellation made on the Platform.
“Applicable Law”
Means all Indian laws, rules, regulations, notifications, guidelines, circulars and judicial precedents applicable within the territory of India.
1.2 Interpretation Rules
Unless the context otherwise requires:
a) Words importing singular shall include plural and vice versa
b) Headings are for convenience only and do not affect interpretation
c) “Including” shall mean “including without limitation”
d) References to laws include amendments and re-enactments
? PART 1.2
PLATFORM OVERVIEW & LEGAL NATURE
2.1 Nature of Business
fashionkart.ai is a technology-driven, AI-enabled, multivendor fashion marketplace which provides:
Digital storefront infrastructure
AI-based visualization tools
Order facilitation technology
The Company does not operate as a retailer, manufacturer, wholesaler, distributor or agent of the products sold.
2.2 Intermediary Status Declaration
The Company expressly declares that it operates as an “intermediary” under the Information Technology Act, 2000 and relevant rules.
The Company:
Does NOT own products
Does NOT control seller inventory
Does NOT guarantee seller obligations
All obligations related to products lie solely with sellers.
2.3 No Partnership or Agency
Nothing in these Terms shall be deemed to create:
Partnership
Joint venture
Employer-employee relationship
Agency relationship
between the Company and any Seller or User.
? PART 1.3
ACCEPTANCE OF TERMS
By accessing, browsing, registering, uploading content, using AI features or placing an order on the Platform, the User:
✔️ Acknowledges having read
✔️ Understands fully
✔️ Voluntarily agrees
to be bound by these Terms & Conditions and all related policies.
If the User does not agree, access must be discontinued immediately.
? PART 1.4
ELIGIBILITY & USER REPRESENTATIONS
User represents and warrants that:
User is 18 years or older
User is legally competent to contract
All information provided is true
User will not misuse AI tools
Company shall not be responsible for misrepresentation by User.
USER ACCOUNT REGISTRATION, ACCESS & SECURITY
(~3 Pages)
5.1 Account Creation
To access certain features of the Platform, including placing orders, using AI Virtual Trial Room, or interacting with sellers, a User may be required to create an account.
During registration, the User agrees to:
Provide accurate, complete and up-to-date information
Maintain the accuracy of such information at all times
Not impersonate any other person or entity
The Company reserves the right to reject, suspend or terminate any account created using false, misleading or incomplete information.
5.2 Account Credentials & Confidentiality
The User is solely responsible for:
Maintaining the confidentiality of login credentials
All activities conducted through the account
Immediate notification to the Company of unauthorized access
The Company shall not be liable for any loss, damage or misuse arising from:
User’s failure to secure credentials
Negligence or unauthorized sharing of login details
5.3 One User – One Account Policy
Each User is permitted to create only one account, unless expressly authorized.
Creating multiple accounts for:
Fraud
Abuse of offers
Manipulation of reviews
Circumventing restrictions
may result in permanent termination and forfeiture of benefits.
5.4 Account Suspension & Restriction
The Company reserves the absolute right to:
Temporarily or permanently suspend accounts
Restrict access to features
Disable AI tools
without prior notice if:
Suspicious activity is detected
Policy violations occur
Legal or regulatory risk arises
? PART 1.6
USER OBLIGATIONS, CONDUCT & RESTRICTIONS
6.1 Lawful Use Obligation
The User agrees to use the Platform strictly in accordance with:
Applicable Indian laws
Platform policies
Ethical and lawful purposes
Any unlawful use may attract:
Immediate suspension
Legal action
Reporting to authorities
6.2 Prohibited Conduct
The User shall NOT:
Upload illegal, obscene, defamatory or infringing content
Upload images of third parties without consent
Upload celebrity images for AI trial
Attempt to reverse engineer AI models
Engage in fraudulent transactions
Manipulate reviews, ratings or seller reputation
6.3 AI-Specific Misuse Prohibition
The User expressly agrees NOT to:
Use AI outputs for impersonation
Use AI renders for public misrepresentation
Claim AI previews as product guarantees
Exploit AI for unlawful or deceptive purposes
Violation shall be deemed material breach.
? PART 1.7
AI VIRTUAL TRIAL ROOM – DETAILED LEGAL DISCLAIMER
7.1 Nature of AI Technology
The AI Virtual Trial Room is:
A simulation-based visualization tool
Dependent on algorithms, approximations and assumptions
It does NOT constitute:
Professional advice
Measurement guarantee
Tailoring or fitting service
7.2 Accuracy & Limitation Disclaimer
The Company explicitly disclaims any representation that:
AI-generated visuals will match real-life appearance
Fabric behavior will be accurately simulated
Color shades will remain consistent across devices
Differences may arise due to:
Lighting conditions
Camera angle
Body posture
Device display variations
7.3 No Reliance Clause
The User acknowledges and agrees that:
AI visuals are only an aid
Purchase decisions are taken at User’s sole discretion
Dissatisfaction arising from AI output shall not give rise to any claim
7.4 AI Feature Availability
The Company may:
Modify AI algorithms
Limit AI usage
Withdraw AI features
at any time without liability.
? PART 1.8
IMAGE UPLOAD, USER CONTENT & LICENSE
8.1 Ownership of User Content
The User retains ownership of images and content uploaded.
However, by uploading content, the User grants the Company a:
Non-exclusive
Royalty-free
Revocable
Limited license
to process such content solely for Platform functionality.
8.2 Content Processing Consent
User content may be:
Cropped
Resized
Rendered
Transformed
for AI visualization purposes.
The Company does not claim ownership over User images.
8.3 Content Removal Rights
The Company reserves the right to:
Remove content
Disable AI previews
Delete data
if it violates policies or laws.
? PART 1.9
BODY DATA, MEASUREMENTS & USER DECLARATIONS
9.1 Voluntary Disclosure
Providing height, weight or measurements is:
Entirely voluntary
At User’s discretion
Incorrect data may result in inaccurate AI output.
9.2 Accuracy Responsibility
The Company shall not be liable for:
Errors caused by incorrect inputs
Misrepresentation by the User
Resulting dissatisfaction
? PART 1.10
MARKETPLACE ROLE, SELLER RELATIONSHIP & SAFE-HARBOUR
10.1 Marketplace Model Clarification
The Platform operates solely as a technology-enabled digital marketplace that connects Users with independent Sellers.
The Company:
Does not own, manufacture, store, inspect, label or control any product
Does not act as a seller, reseller, distributor, agent or guarantor
Does not provide warranties or assurances regarding products
All commercial obligations arise directly between the User and the Seller.
10.2 Independent Seller Status
Each Seller:
Operates as an independent business entity
Bears sole responsibility for product quality, legality, pricing, packaging, delivery, warranty and after-sales service
Nothing contained herein shall be construed as creating:
Partnership
Joint venture
Employer-employee relationship
Agency
between the Company and any Seller.
10.3 Intermediary Safe-Harbour Declaration
The Company claims protection under:
Section 79 of the Information Technology Act, 2000
Applicable intermediary guidelines and rules
The Company shall not be liable for:
Seller misconduct
Product defects
Misrepresentation by sellers
Breach of consumer laws by sellers
unless expressly required by Applicable Law.
? PART 1.11
PRODUCT LISTINGS, DESCRIPTIONS & AVAILABILITY
11.1 Seller-Generated Listings
All product listings, including:
Images
Descriptions
Size charts
Pricing
Availability
are created and managed solely by Sellers.
The Company does not verify every listing for accuracy.
11.2 Listing Errors Disclaimer
The Company disclaims liability for:
Typographical errors
Pricing errors
Image mismatch
Incorrect size information
The Company reserves the right to:
Correct errors
Cancel affected orders
Remove listings
without incurring liability.
11.3 Stock Availability
Product availability is dynamic and subject to change without notice.
Placing an order does not guarantee availability.
? PART 1.12
ORDERS, CONFIRMATION & REJECTION
12.1 Order Placement
An order is deemed placed only when:
Payment is successfully completed, and
Order confirmation is generated by the Platform
Order confirmation does not constitute acceptance by the Seller.
12.2 Order Acceptance & Rejection
A Seller or the Company may reject or cancel an order due to:
Stock unavailability
Pricing or listing errors
Suspected fraud
Legal or compliance concerns
Technical failures
Such cancellation shall not give rise to any claim for damages.
12.3 Partial Fulfilment
Orders may be:
Partially fulfilled
Split into multiple shipments
The Company is not liable for inconvenience arising from such operational necessities.
? PART 1.13
PAYMENTS, GATEWAYS & FINANCIAL FLOW
13.1 Payment Facilitation Role
The Company facilitates payments through RBI-authorized payment gateways.
The Company:
Is not a payment aggregator
Does not operate a wallet
Does not store card, UPI or bank credentials
All financial transactions are governed by gateway terms.
13.2 Payment Failures & Delays
The Company shall not be liable for:
Bank failures
Gateway downtime
Network errors
Delayed confirmations
Orders may remain pending or cancelled until payment is confirmed.
13.3 Chargebacks & Bank Disputes
In case of chargeback or bank dispute:
Seller bears primary responsibility
The Company may debit or withhold seller settlements
Bank decisions shall be final
The Company shall not be liable for chargeback losses.
? PART 1.14
RETURNS, REFUNDS & CANCELLATIONS
14.1 Policy Nature
Returns and refunds on fashionkart.ai are governed by:
Seller-specific rules
Platform minimum standards
Product category restrictions
The Company acts only as a facilitator.
14.2 Non-Returnable Situations (ABSOLUTE)
Returns shall not be accepted for:
Size or fit dissatisfaction
Color difference due to display variations
AI virtual trial mismatch
Personal preference change
Discounted or clearance items
Customized or altered products
Innerwear, lingerie or hygiene-sensitive products
14.3 Return-Eligible Conditions
Returns may be considered only if:
Product is damaged on delivery
Wrong product is delivered
Product is materially different from listing
Mandatory evidence:
Unboxing video
Clear product images
14.4 Return Time Window
Return requests must be raised within:
48 hours of delivery
Delayed requests may be rejected automatically.
14.5 Refund Processing
Approved refunds:
Are processed via original payment method
May take 7–14 business days depending on banks
Service fees, convenience fees and AI usage fees are non-refundable.
14.6 Cancellation Policy
Orders may be cancelled before shipment
Post-shipment cancellation is not guaranteed
The Company may cancel orders due to legal, technical or risk concerns.
? PART 1.15
SELLER DEFAULT & PLATFORM LIMITATION
15.1 Seller Non-Performance
The Company shall not be liable for:
Seller delay
Seller insolvency
Seller refusal to refund
The User agrees to pursue remedies directly against the Seller where legally permissible.
? PART 1.16
INTELLECTUAL PROPERTY RIGHTS
(~3 Pages)
16.1 Platform IP Ownership
All intellectual property related to the Platform, including but not limited to:
Website and app design
Source code, APIs, algorithms
AI models, workflows and logic
UI/UX elements
Logos, trademarks, brand names
Databases and compilations
are the exclusive property of the Company or its licensors.
Nothing in these Terms grants the User or Seller any ownership rights.
16.2 Limited License to Users
The Company grants Users a:
Limited
Non-exclusive
Non-transferable
Revocable
license to access and use the Platform solely for personal, non-commercial purposes.
Any unauthorized reproduction, modification, scraping or redistribution is strictly prohibited.
16.3 Seller IP Declarations
Each Seller represents and warrants that:
They own or have valid rights to product images and content
Listings do not infringe third-party IP
Products are not counterfeit or illegal
Seller shall indemnify the Company against all IP claims.
16.4 AI Output Restrictions
AI-generated previews:
Are temporary visual outputs
Cannot be downloaded, resold, published or used commercially
Do not create any ownership rights
Misuse of AI outputs constitutes material breach.
? PART 1.17
THIRD-PARTY SERVICES & LINKS
The Platform may integrate or link to:
Payment gateways
Logistics providers
Cloud and AI infrastructure
External websites
The Company:
Does not control such third parties
Does not guarantee their services
Is not liable for third-party acts or omissions
Use of third-party services is subject to their own terms.
? PART 1.18
SUSPENSION, TERMINATION & BLACKLISTING
18.1 Termination by Company
The Company may, at its sole discretion:
Suspend or terminate access
Disable accounts
Block transactions
Withhold payouts
without prior notice if:
Fraud is suspected
Policies are violated
Legal or regulatory risk arises
18.2 Consequences of Termination
Upon termination:
Access to Platform features ceases
Pending orders may be cancelled
Data may be retained as required by law
Termination does not affect accrued rights or liabilities.
? PART 1.19
DATA PROTECTION CROSS-REFERENCE
All data handling is governed by:
Privacy Policy
AI Usage Policy
Face & Body Data Consent Policy
In case of conflict, Privacy Policy shall prevail.
? PART 1.20
INDEMNITY (VERY STRONG CLAUSE)
The User and Seller agree to indemnify, defend and hold harmless the Company, its directors, officers, employees and affiliates from and against:
All claims, losses, damages
Legal costs and penalties
Consumer complaints
Regulatory actions
IP infringement claims
arising from:
Breach of these Terms
Misuse of the Platform or AI tools
Violation of Applicable Law
Incorrect or unauthorized content uploads
This obligation survives termination.
? PART 1.21
LIMITATION OF LIABILITY
To the maximum extent permitted by law:
The Company shall not be liable for:
Indirect or consequential damages
Loss of profits or business
Data loss
User dissatisfaction
In any case, total liability of the Company shall never exceed:
? Platform service fees charged for the relevant transaction, if any.
? PART 1.22
FORCE MAJEURE
The Company shall not be liable for failure or delay due to events beyond reasonable control, including but not limited to:
Natural disasters
Government actions
Network or power failures
Cyber incidents
Pandemic or public emergencies
? PART 1.23
DISPUTE RESOLUTION & ARBITRATION
23.1 Amicable Resolution
Parties shall first attempt to resolve disputes amicably within 30 days.
23.2 Arbitration
If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
Seat of arbitration: Lucknow, Uttar Pradesh
Language: English
Arbitrator: Sole arbitrator appointed by the Company
? PART 1.24
GOVERNING LAW & JURISDICTION
These Terms shall be governed by the laws of India.
Subject to arbitration, courts at Lucknow, Uttar Pradesh shall have exclusive jurisdiction.
? PART 1.25
MODIFICATIONS & UPDATES
The Company may modify these Terms at any time.
Continued use of the Platform constitutes acceptance of updated Terms.
? PART 1.26
SEVERABILITY & ENTIRE AGREEMENT
Invalid provisions shall not affect remaining clauses
These Terms constitute the entire agreement between parties
TERMS & CONDITIONS
Company: Hellwet Technologies Private Limited
Platform: fashionkart.ai
Address: First Floor, B-2/64, Lohia Path, Lucknow, Uttar Pradesh- 226010, India
? TABLE OF CONTENTS
Definitions & Interpretations
Platform Overview & Legal Nature
Acceptance of Terms
Eligibility & User Representations
Account Registration & Security
User Obligations & Conduct
AI Virtual Trial Room – Detailed Legal Disclaimer
Image Upload, Ownership & License
Body Data, Measurements & Accuracy Disclaimer
Marketplace Role & Intermediary Safe Harbour
Product Listings & Content Responsibility
Pricing, Availability & Errors
Orders, Cancellations & Rejections
Payments, Gateways & Financial Flow
Returns, Refunds & Cancellations (High-Detail)
Seller Relationship Disclaimer
Intellectual Property Rights
Third-Party Services & Links
Suspension, Termination & Blacklisting
Data Protection Cross-Reference
Indemnity (Very Strong)
Limitation of Liability
Force Majeure
Legal Compliance & Government Cooperation
Dispute Resolution & Arbitration
Governing Law & Jurisdiction
Modifications & Updates
Entire Agreement & Severability
? PART 1.1
DEFINITIONS & INTERPRETATION
1.1 Definitions
For the purposes of these Terms & Conditions, unless the context otherwise requires, the following words and expressions shall have the meanings assigned to them below:
“Company”
Means Hellwet Technologies Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at B-2/64, Vibhutikhand, Lucknow, Uttar Pradesh – 226011, India.
“Platform”
Means the website, mobile application, web application, APIs, AI systems, dashboards, tools and services operated under the brand name fashionkart.ai, including all present and future features.
“User” / “You” / “Your”
Means any individual, visitor, registered user, buyer, customer, or any person accessing or using the Platform in any manner whatsoever.
“Seller” / “Vendor” / “Merchant”
Means any third-party individual, firm, company or entity that lists, advertises or sells products on the Platform.
“AI Virtual Trial Room”
Means the artificial intelligence powered feature that allows users to visualize apparel or fashion items on uploaded images or simulated body models using algorithmic rendering.
“User Content”
Means any image, selfie, photograph, body image, measurement, text, review, feedback or data uploaded by the User.
“Transaction”
Means any purchase, payment attempt, refund request, return request or cancellation made on the Platform.
“Applicable Law”
Means all Indian laws, rules, regulations, notifications, guidelines, circulars and judicial precedents applicable within the territory of India.
1.2 Interpretation Rules
Unless the context otherwise requires:
a) Words importing singular shall include plural and vice versa
b) Headings are for convenience only and do not affect interpretation
c) “Including” shall mean “including without limitation”
d) References to laws include amendments and re-enactments
? PART 1.2
PLATFORM OVERVIEW & LEGAL NATURE
2.1 Nature of Business
fashionkart.ai is a technology-driven, AI-enabled, multivendor fashion marketplace which provides:
Digital storefront infrastructure
AI-based visualization tools
Order facilitation technology
The Company does not operate as a retailer, manufacturer, wholesaler, distributor or agent of the products sold.
2.2 Intermediary Status Declaration
The Company expressly declares that it operates as an “intermediary” under the Information Technology Act, 2000 and relevant rules.
The Company:
Does NOT own products
Does NOT control seller inventory
Does NOT guarantee seller obligations
All obligations related to products lie solely with sellers.
2.3 No Partnership or Agency
Nothing in these Terms shall be deemed to create:
Partnership
Joint venture
Employer-employee relationship
Agency relationship
between the Company and any Seller or User.
? PART 1.3
ACCEPTANCE OF TERMS
By accessing, browsing, registering, uploading content, using AI features or placing an order on the Platform, the User:
✔️ Acknowledges having read
✔️ Understands fully
✔️ Voluntarily agrees
to be bound by these Terms & Conditions and all related policies.
If the User does not agree, access must be discontinued immediately.
? PART 1.4
ELIGIBILITY & USER REPRESENTATIONS
User represents and warrants that:
User is 18 years or older
User is legally competent to contract
All information provided is true
User will not misuse AI tools
Company shall not be responsible for misrepresentation by User.
USER ACCOUNT REGISTRATION, ACCESS & SECURITY
(~3 Pages)
5.1 Account Creation
To access certain features of the Platform, including placing orders, using AI Virtual Trial Room, or interacting with sellers, a User may be required to create an account.
During registration, the User agrees to:
Provide accurate, complete and up-to-date information
Maintain the accuracy of such information at all times
Not impersonate any other person or entity
The Company reserves the right to reject, suspend or terminate any account created using false, misleading or incomplete information.
5.2 Account Credentials & Confidentiality
The User is solely responsible for:
Maintaining the confidentiality of login credentials
All activities conducted through the account
Immediate notification to the Company of unauthorized access
The Company shall not be liable for any loss, damage or misuse arising from:
User’s failure to secure credentials
Negligence or unauthorized sharing of login details
5.3 One User – One Account Policy
Each User is permitted to create only one account, unless expressly authorized.
Creating multiple accounts for:
Fraud
Abuse of offers
Manipulation of reviews
Circumventing restrictions
may result in permanent termination and forfeiture of benefits.
5.4 Account Suspension & Restriction
The Company reserves the absolute right to:
Temporarily or permanently suspend accounts
Restrict access to features
Disable AI tools
without prior notice if:
Suspicious activity is detected
Policy violations occur
Legal or regulatory risk arises
? PART 1.6
USER OBLIGATIONS, CONDUCT & RESTRICTIONS
6.1 Lawful Use Obligation
The User agrees to use the Platform strictly in accordance with:
Applicable Indian laws
Platform policies
Ethical and lawful purposes
Any unlawful use may attract:
Immediate suspension
Legal action
Reporting to authorities
6.2 Prohibited Conduct
The User shall NOT:
Upload illegal, obscene, defamatory or infringing content
Upload images of third parties without consent
Upload celebrity images for AI trial
Attempt to reverse engineer AI models
Engage in fraudulent transactions
Manipulate reviews, ratings or seller reputation
6.3 AI-Specific Misuse Prohibition
The User expressly agrees NOT to:
Use AI outputs for impersonation
Use AI renders for public misrepresentation
Claim AI previews as product guarantees
Exploit AI for unlawful or deceptive purposes
Violation shall be deemed material breach.
? PART 1.7
AI VIRTUAL TRIAL ROOM – DETAILED LEGAL DISCLAIMER
7.1 Nature of AI Technology
The AI Virtual Trial Room is:
A simulation-based visualization tool
Dependent on algorithms, approximations and assumptions
It does NOT constitute:
Professional advice
Measurement guarantee
Tailoring or fitting service
7.2 Accuracy & Limitation Disclaimer
The Company explicitly disclaims any representation that:
AI-generated visuals will match real-life appearance
Fabric behavior will be accurately simulated
Color shades will remain consistent across devices
Differences may arise due to:
Lighting conditions
Camera angle
Body posture
Device display variations
7.3 No Reliance Clause
The User acknowledges and agrees that:
AI visuals are only an aid
Purchase decisions are taken at User’s sole discretion
Dissatisfaction arising from AI output shall not give rise to any claim
7.4 AI Feature Availability
The Company may:
Modify AI algorithms
Limit AI usage
Withdraw AI features
at any time without liability.
? PART 1.8
IMAGE UPLOAD, USER CONTENT & LICENSE
8.1 Ownership of User Content
The User retains ownership of images and content uploaded.
However, by uploading content, the User grants the Company a:
Non-exclusive
Royalty-free
Revocable
Limited license
to process such content solely for Platform functionality.
8.2 Content Processing Consent
User content may be:
Cropped
Resized
Rendered
Transformed
for AI visualization purposes.
The Company does not claim ownership over User images.
8.3 Content Removal Rights
The Company reserves the right to:
Remove content
Disable AI previews
Delete data
if it violates policies or laws.
? PART 1.9
BODY DATA, MEASUREMENTS & USER DECLARATIONS
9.1 Voluntary Disclosure
Providing height, weight or measurements is:
Entirely voluntary
At User’s discretion
Incorrect data may result in inaccurate AI output.
9.2 Accuracy Responsibility
The Company shall not be liable for:
Errors caused by incorrect inputs
Misrepresentation by the User
Resulting dissatisfaction
? PART 1.10
MARKETPLACE ROLE, SELLER RELATIONSHIP & SAFE-HARBOUR
10.1 Marketplace Model Clarification
The Platform operates solely as a technology-enabled digital marketplace that connects Users with independent Sellers.
The Company:
Does not own, manufacture, store, inspect, label or control any product
Does not act as a seller, reseller, distributor, agent or guarantor
Does not provide warranties or assurances regarding products
All commercial obligations arise directly between the User and the Seller.
10.2 Independent Seller Status
Each Seller:
Operates as an independent business entity
Bears sole responsibility for product quality, legality, pricing, packaging, delivery, warranty and after-sales service
Nothing contained herein shall be construed as creating:
Partnership
Joint venture
Employer-employee relationship
Agency
between the Company and any Seller.
10.3 Intermediary Safe-Harbour Declaration
The Company claims protection under:
Section 79 of the Information Technology Act, 2000
Applicable intermediary guidelines and rules
The Company shall not be liable for:
Seller misconduct
Product defects
Misrepresentation by sellers
Breach of consumer laws by sellers
unless expressly required by Applicable Law.
? PART 1.11
PRODUCT LISTINGS, DESCRIPTIONS & AVAILABILITY
11.1 Seller-Generated Listings
All product listings, including:
Images
Descriptions
Size charts
Pricing
Availability
are created and managed solely by Sellers.
The Company does not verify every listing for accuracy.
11.2 Listing Errors Disclaimer
The Company disclaims liability for:
Typographical errors
Pricing errors
Image mismatch
Incorrect size information
The Company reserves the right to:
Correct errors
Cancel affected orders
Remove listings
without incurring liability.
11.3 Stock Availability
Product availability is dynamic and subject to change without notice.
Placing an order does not guarantee availability.
? PART 1.12
ORDERS, CONFIRMATION & REJECTION
12.1 Order Placement
An order is deemed placed only when:
Payment is successfully completed, and
Order confirmation is generated by the Platform
Order confirmation does not constitute acceptance by the Seller.
12.2 Order Acceptance & Rejection
A Seller or the Company may reject or cancel an order due to:
Stock unavailability
Pricing or listing errors
Suspected fraud
Legal or compliance concerns
Technical failures
Such cancellation shall not give rise to any claim for damages.
12.3 Partial Fulfilment
Orders may be:
Partially fulfilled
Split into multiple shipments
The Company is not liable for inconvenience arising from such operational necessities.
? PART 1.13
PAYMENTS, GATEWAYS & FINANCIAL FLOW
13.1 Payment Facilitation Role
The Company facilitates payments through RBI-authorized payment gateways.
The Company:
Is not a payment aggregator
Does not operate a wallet
Does not store card, UPI or bank credentials
All financial transactions are governed by gateway terms.
13.2 Payment Failures & Delays
The Company shall not be liable for:
Bank failures
Gateway downtime
Network errors
Delayed confirmations
Orders may remain pending or cancelled until payment is confirmed.
13.3 Chargebacks & Bank Disputes
In case of chargeback or bank dispute:
Seller bears primary responsibility
The Company may debit or withhold seller settlements
Bank decisions shall be final
The Company shall not be liable for chargeback losses.
? PART 1.14
RETURNS, REFUNDS & CANCELLATIONS
14.1 Policy Nature
Returns and refunds on fashionkart.ai are governed by:
Seller-specific rules
Platform minimum standards
Product category restrictions
The Company acts only as a facilitator.
14.2 Non-Returnable Situations (ABSOLUTE)
Returns shall not be accepted for:
Size or fit dissatisfaction
Color difference due to display variations
AI virtual trial mismatch
Personal preference change
Discounted or clearance items
Customized or altered products
Innerwear, lingerie or hygiene-sensitive products
14.3 Return-Eligible Conditions
Returns may be considered only if:
Product is damaged on delivery
Wrong product is delivered
Product is materially different from listing
Mandatory evidence:
Unboxing video
Clear product images
14.4 Return Time Window
Return requests must be raised within:
48 hours of delivery
Delayed requests may be rejected automatically.
14.5 Refund Processing
Approved refunds:
Are processed via original payment method
May take 7–14 business days depending on banks
Service fees, convenience fees and AI usage fees are non-refundable.
14.6 Cancellation Policy
Orders may be cancelled before shipment
Post-shipment cancellation is not guaranteed
The Company may cancel orders due to legal, technical or risk concerns.
? PART 1.15
SELLER DEFAULT & PLATFORM LIMITATION
15.1 Seller Non-Performance
The Company shall not be liable for:
Seller delay
Seller insolvency
Seller refusal to refund
The User agrees to pursue remedies directly against the Seller where legally permissible.
? PART 1.16
INTELLECTUAL PROPERTY RIGHTS
(~3 Pages)
16.1 Platform IP Ownership
All intellectual property related to the Platform, including but not limited to:
Website and app design
Source code, APIs, algorithms
AI models, workflows and logic
UI/UX elements
Logos, trademarks, brand names
Databases and compilations
are the exclusive property of the Company or its licensors.
Nothing in these Terms grants the User or Seller any ownership rights.
16.2 Limited License to Users
The Company grants Users a:
Limited
Non-exclusive
Non-transferable
Revocable
license to access and use the Platform solely for personal, non-commercial purposes.
Any unauthorized reproduction, modification, scraping or redistribution is strictly prohibited.
16.3 Seller IP Declarations
Each Seller represents and warrants that:
They own or have valid rights to product images and content
Listings do not infringe third-party IP
Products are not counterfeit or illegal
Seller shall indemnify the Company against all IP claims.
16.4 AI Output Restrictions
AI-generated previews:
Are temporary visual outputs
Cannot be downloaded, resold, published or used commercially
Do not create any ownership rights
Misuse of AI outputs constitutes material breach.
? PART 1.17
THIRD-PARTY SERVICES & LINKS
The Platform may integrate or link to:
Payment gateways
Logistics providers
Cloud and AI infrastructure
External websites
The Company:
Does not control such third parties
Does not guarantee their services
Is not liable for third-party acts or omissions
Use of third-party services is subject to their own terms.
? PART 1.18
SUSPENSION, TERMINATION & BLACKLISTING
18.1 Termination by Company
The Company may, at its sole discretion:
Suspend or terminate access
Disable accounts
Block transactions
Withhold payouts
without prior notice if:
Fraud is suspected
Policies are violated
Legal or regulatory risk arises
18.2 Consequences of Termination
Upon termination:
Access to Platform features ceases
Pending orders may be cancelled
Data may be retained as required by law
Termination does not affect accrued rights or liabilities.
? PART 1.19
DATA PROTECTION CROSS-REFERENCE
All data handling is governed by:
Privacy Policy
AI Usage Policy
Face & Body Data Consent Policy
In case of conflict, Privacy Policy shall prevail.
? PART 1.20
INDEMNITY (VERY STRONG CLAUSE)
The User and Seller agree to indemnify, defend and hold harmless the Company, its directors, officers, employees and affiliates from and against:
All claims, losses, damages
Legal costs and penalties
Consumer complaints
Regulatory actions
IP infringement claims
arising from:
Breach of these Terms
Misuse of the Platform or AI tools
Violation of Applicable Law
Incorrect or unauthorized content uploads
This obligation survives termination.
? PART 1.21
LIMITATION OF LIABILITY
To the maximum extent permitted by law:
The Company shall not be liable for:
Indirect or consequential damages
Loss of profits or business
Data loss
User dissatisfaction
In any case, total liability of the Company shall never exceed:
? Platform service fees charged for the relevant transaction, if any.
? PART 1.22
FORCE MAJEURE
The Company shall not be liable for failure or delay due to events beyond reasonable control, including but not limited to:
Natural disasters
Government actions
Network or power failures
Cyber incidents
Pandemic or public emergencies
? PART 1.23
DISPUTE RESOLUTION & ARBITRATION
23.1 Amicable Resolution
Parties shall first attempt to resolve disputes amicably within 30 days.
23.2 Arbitration
If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.
Seat of arbitration: Lucknow, Uttar Pradesh
Language: English
Arbitrator: Sole arbitrator appointed by the Company
? PART 1.24
GOVERNING LAW & JURISDICTION
These Terms shall be governed by the laws of India.
Subject to arbitration, courts at Lucknow, Uttar Pradesh shall have exclusive jurisdiction.
? PART 1.25
MODIFICATIONS & UPDATES
The Company may modify these Terms at any time.
Continued use of the Platform constitutes acceptance of updated Terms.
? PART 1.26
SEVERABILITY & ENTIRE AGREEMENT
Invalid provisions shall not affect remaining clauses
These Terms constitute the entire agreement between parties
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