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.
Use of the Website is available only to such persons who can legally contract 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. shall not be eligible to use the Website.
Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
The Website reserves the right to terminate any membership and refuse to provide access to the Website if it is brought to the Website’s notice or discovered that the person accessing/using the Website is under the age of 12 years.
The StitchMax Services are not available to persons under the age of 12 or to anyone previously suspended or removed by StitchMax wallet from availing the StitchMax Services or accessing the StitchMax Platform.
By accepting the T&Cs or by otherwise using the StitchMax Services on the StitchMax Platform, You represent that You are at least 12 years of age and have not been previously suspended or removed by StitchMax, or disqualified for any other reason, from availing the StitchMax Services or using the StitchMax Platform.
In addition, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement.
Finally, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. in the event of any violation of the T&Cs, StitchMax reserves the right to suspend or permanently prevent You from availing StitchMax Services or using the StitchMax Platform.
All transactions on the StitchMax Application, monetary and otherwise, are non-refundable, non-exchangeable and non-reversible, save and except in the event of proven gross negligence on the part of StitchMax or its representatives, in which event the user agrees that the user shall only be entitled to a refund of the amount actually paid by the user and actually received by StitchMax with respect to the Payment done by the user.
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if StitchMax has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, StitchMax liability in such jurisdictions shall be limited to the extent of the amount actually paid for by any user while availing any of the services on the StitchMax website
If any dispute, controversy or claim arises under this Agreement or in relation to any StitchMax Service, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably.
If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, StitchMax may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act).
Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act.
The seat of the arbitration shall be New Delhi and the language of this arbitration shall be English. Either You or StitchMax may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to You or (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration.
Any arbitration shall be confidential, and neither You nor StitchMax may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award.
All administrative fees and expenses of arbitration will be divided equally between You and StitchMax. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
We may share some or all of the information you provide with the Payment System Providers, Card Associations, issuing Banks, Partner Bank, Nodal Banks and other statutory, regulatory and governmental authorities.
By accepting these Terms and Conditions, you authorize StitchMax to request for supplemental documentation at any time (before or after your StitchMax Account has been activated), in order to verify your identity, the accuracy of the information provided.
If we cannot verify that this information is accurate and complete, we may deny your use of the services, or close your StitchMax Account at any time. At any time, StitchMax and/or the Payment System Providers may conclude that you will not be permitted to use the services.
The use of a device such as mobiles, tablets and laptops involves risks as also does the usage of internet. For example, sensitive personal information or financial data that is transmitted from or to a device or internet may be intercepted and used by third parties without your knowledge.
Viruses, spyware and other “malicious code” can also be downloaded to your devices without your knowledge. By using a device and internet to access the Sites, you assume all of those risks and agree that we will have no liability whatsoever to you for any loss or theft (including identity theft) occurring as a result of such risks.
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