Exchange4Fashion (“E4F Connect”,“E4F”) controls your personal data for and on behalf of the appointed executive directors globally. (“E4F”, “our” or “we”).
E4F operates E4FCONNECT.com or E4F.in (“E4F Site”) and is making it available to you subject to these evolving Terms of Service (“ToS”). The ToS governs your access to and use of E4F’s services available via the Site. The Site includes E4F’s related websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and any other related services that can be accessed via our Site or that link to these ToS (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the E4F Site and Services you agree to be bound by these ToS. Since these ToS are evolving, expect frequent changes to them, and with such changes, your use, rights and privacy expectations may also change.
In the event of inconsistency between any terms of this contract and any translation into another language, the English version will control and prevail on any question of interpretation or otherwise.
- Who May Use the Services.
If the law in your jurisdiction allows you to enter into agreements with third parties, you agree to these ToS then you can use the Site and Services. However, if your mind is legally incapacitated (mental disability, intoxication, under the age of 18, etc.) for any reason, then you are not allowed to use the E4F Site and Services. For those who are accepting these ToS and using the E4F Site and Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
- Privacy.
Our Privacy Policy, accessible at https://www.e4fconnect.com/privacy-policy, describes how we collect, process, store and share the information you provide to us when you use our E4F Site and Services. You acknowledge that through your use of the Services, your personal data will be collected and used (as set forth in the Privacy Policy), including the transfer of your data to the United States, United Kingdom, and/or other countries for storage, processing and use by E4F, it’s franchisees, executive directors and members, and its affiliates.
- Content on the Services.
You are responsible for your use of the E4F Site and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. Don’t hit the submit/send button, unless you are prepared to be held accountable for your Content.
Like with any content published via the Internet, you must consider the source of the Content or materials before using or relying upon it. Your use of the Content and E4F Site are at your own risk.
E4F is an intellectual property owner and understands the costs and expenses in developing and maintaining intellectual property. E4F also respects the intellectual property rights of others and expects its users of the E4F Site and Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
Users of the Services will operate in a lawful, ethical and professional manner. Users shall conduct themselves in a fair, responsible and businesslike manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices. You are solely responsible for any comments or posts you leave on our Site, blogs or any E4F site. E4F does not control content posted and does not guarantee the accuracy, integrity or quality of the content. In using the Site or the Services you may be exposed to content that you may find offensive, indecent or objectionable. Under no circumstances will E4F be liable in any way for any content, including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted or otherwise made available via the Site or the Services.
Examples of unethical or unlawful activities include, but are not limited to the following:
- False, misleading or disparaging statements of any kind including but not limited to about E4F or its affiliated entities or any person or entity using the Site or the Services;
- Any unauthorized use of the name, logo, trademark or copyrighted material of E4F, its affiliated entities or any other person or entity;
- Violation of any federal, state or local laws or regulations;
“Spamming” is the abuse of electronic messaging systems to indiscriminately send unsolicited bulk messages. While the most widely recognized form of spam is e-mail spam, the term is applied to similar abuse in other media, such as but not limited to, instant messaging, Usenet newsgroups, web search engines, spam in blogs, wiki spam, mobile phone messaging spam, Internet forum spam, and junk fax transmissions.
Spamming is strictly prohibited by E4F and will result in the immediate termination of your account. Spamming may also be illegal under applicable laws and may subject you to civil or criminal penalties.
Your use of software made available via a E4F Site is subject to any applicable license agreement or user agreement or the documentation that accompanies or is included with the software (“License Terms”). In the event that software that is provided on or through a E4F Site and is not licensed for your use through License Terms specific to the software, you may use the software subject to the following: (a) the software may not be modified or altered in any way; and (b) the software may not be redistributed.
E4F has the right (but not the obligation) in its sole discretion to screen, refuse, move or remove any content that violates the ToS or is otherwise objectionable.
You bear all risks associated with the use of any content on the E4F Site or in connection with the Services including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge that E4F may access, preserve and disclose your information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the provisions of this ToS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of E4F, its users and the public.
The Services and software embodied within the Service may include security components that permit digital materials to be protected. The use of these materials is subject to usage rules set by E4F and/or its technology providers. You may not attempt to override or circumvent any of the usage rules embedded in the Services.
- Fees and Payments
When you order a service you have an opportunity to review and accept the fees that will be charged. Prices, availability, and other purchase terms are subject to change. E4F reserves the right without prior notice to discontinue or change specifications and prices on services offered on and outside of the E4F Site without incurring any obligation to you. All fees may be subject to taxes.
You are responsible for providing true, accurate, current, and complete information when ordering services through the E4F Site or otherwise. If you use the E4F Site or other means to purchase a service, payment must be received prior to acceptance of an order. E4F may need to verify information you provide before E4F accepts your order, and may cancel or limit your order any time after it has been placed. Subject to applicable membership policies, if payment has already been made and your order is canceled or limited, E4F will refund any payment you made for the service that will not be delivered due to cancellation or limitation of an order in the same tender as the original purchase.
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the service you have purchased, you agree that we may, at our option, suspend or terminate delivery of service and may require you to pay any overdue amounts incurred (including third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Purchases of other products and services through the E4F Site may be subject to other terms and conditions that are presented to you at the time of purchase.
- No Automated Querying.
You may not send automated queries of any sort to the E4F Site or its systems without express written permission in advance from E4F.
- Intellectual Property.
All content included on the E4F Site and in connection with the Services such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of E4F or its content suppliers and is protected by international copyright laws. All software used on the Site is the property of E4F or its software suppliers and is protected by international copyright laws. All of the trademarks, service marks, logos, brand and trade names appearing on the Site are the proprietary intellectual property of the owners of such marks, logos or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property. E4F retains full ownership rights with respect to the Site and the Services including but not limited to design, functionality, and documentation. You may not copy, edit, or reproduce any part of the Site or the Services.
- Indemnity and Defense.
You will defend, indemnify and hold harmless E4F and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (i) your use of the Site or the Services; (ii) any actual or alleged breach of your representations, warranties, or obligations set forth in this ToS; (iii) any content you provide including but not limited to any actual or alleged infringement of any intellectual property or proprietary rights of any third party.
- Limitation of Liability.
E4F will not be liable for direct or indirect damages of any kind, including without limitation incidental, punitive or consequential damage or loss arising out of or in connection with this ToS, the Site, the Services, inability to use the Site or the Services, or resulting from any goods or services obtained or messages received or transactions entered into through the Site or the Services.
- Disclaimer of Warranties.
The E4F Site and the Services are provided on an “as is” and “as available” basis. E4F makes no representations or warranties of any kind, express or implied, concerning the Site, the Services or the content thereof. To the fullest extent permissible under applicable law E4F disclaims any and all such warranties including without limitation:
- Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- That the Site or the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
- That the information, content and materials included on the Site will be as represented;
- Any implied warranty arising from course of dealing or usage of trade; and
- Any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of E4F.
- Third Party Websites.
The E4F Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. You are solely responsible for and assume all risk arising from your access to and/or use of any such linked websites.
- Electronic Delivery of Notices.
By using the E4F Site or the Services you consent to electronically receive from E4F any communications including notices, agreements, legally required disclosures or other information in connection with the Services. E4F may also provide such notices by posting them on the Site. If you desire to withdraw your consent to receive notices electronically you must discontinue your use of Site and the Services.
- Venue and Applicable Law.
The E4F Sites are created, operated and controlled by E4F in Mumbai, Maharashtra, India. The laws in India and courts in Mumbai govern this ToS without giving effect to principles of conflicts of laws and alone shall have exclusive jurisdiction and you consent to the exclusive jurisdiction of such courts over matters relating to or arising from this Agreement.
- Severability.
If any provision of this Agreement shall be found by any Government or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or un-enforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. The Parties hereby agree to attempt to substitute for any invalid or unenforceable provision with a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
- Waiver.
Failure to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition of this Agreement or the right to subsequently enforce such term or condition in the future. No waiver, by either party, of any provision of this Agreement shall, in any event, become effective unless the same shall be in writing and such waiver shall be effective only in the specific instance described and for the purpose that the waiver is given.
- Relationship of Parties.
You shall provide its services to the E4F or it’s members on a Principal-to-Principal basis and nothing contained in this Agreement shall constitute a partnership or joint venture or an agency relationship between the parties hereto; and the E4F does not authorize you or any person to make any representation or to incur any liability on behalf of the E4F. However, the relationship between you and your staff or members of E4F is that of Principal and Agent whereby the actions of the staff or members of E4F with you shall be your liability and responsibility. You indemnify and hold E4F harmless for the same.
- No Resale Right.
You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purpose any portion of this Site, or use of or access to this Site provided through this Site, beyond the limited rights granted to you in these ToS.
- Force Majeure.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Effective/Last Updated: May 24, 2023
These ToS are an agreement between you and E4F Connect, 502, Delphi, Hiranandani, Powai, Mumbai, 400076 Maharashtra, India. If you have any questions about these ToS, please contact us at [email protected].