Welcome to [www.somefits.com], the website of M/S A and P Designer Products ("somefits"), having their registered office at [Second Floor WZ 164 Gali No 02, SRI NAGAR, SHAKURBASTI North West , Delhi – 110034], the exclusive license of the brand "somefits". As an entity which deals with innovative products, we understand the importance of respecting the originality of one's work, its quality, copyright and other intellectual property rights. Irrespective of the fact that you are an artist, customer or a browser, it is essential that adequate respect is given to the intellectual property rights of all the works that are displayed on the Website whether it is being purchased or not.
The Terms set out in this Website may be altered / amended from time to time depending on the policies of somefits and the prevailing market conditions. somefits requests you to read and understand them as often as possible as it may not be possible for somefits to intimate you on every change that occurs in these Terms. We, through the Website, provide a platform that will enable you to view the contents and products uploaded by Us and purchase the same directly from the website.
Eligibility to Use
Account and Registration Obligations
In consideration of your use of our Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by our Website's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website (or any portion thereof). You undertake to indemnify and keep indemnified somefits for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on our Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on our Website. We do not be store any information related to your Credit card/ Debit card or net banking. In case we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card fraud that occurs to you. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
Fraudulent/ Declined Transactions
Our payment partner's (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitors your account in order to avoid fraudulent accounts and transactions. Users availing discount coupons or vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using our Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of our Website 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 user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
When you visit somefits, place an order with us, deal with us in any form via e-mails, feedback, calls or any other mode of communication in last 4 years, you are permitting us to communicate somefits promotional offers to you via mail/message/any other mode of communication. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
On registering in the Website, you agree that we may use your registered mobile number on the Website to send Transaction related and other publicity related SMS to you. You also grant us permission that we may send you any Transaction related SMS irrespective of having DND services activated on your mobile.
You Agree and Confirm
You shall provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of our Website and / or other affiliated websites without prior intimation whatsoever.
You Agree and Confirm That You Shall Not Use Our Website For Any Of The Following Purposes
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Infringing the intellectual property rights of any third parties.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person's use or enjoyment of the Website.
- Breaching any applicable laws, rules or regulations.
- Interfering or disrupting networks or websites connected to the Website.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
Modification Of Terms And Conditions Of Service
Governing Law And Jurisdiction
These Terms shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of these Terms.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. somefits may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms and the Website policies constitute the entire agreement between you and [www.somefits.com] with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the [www.somefits.com]. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.