TERMS AND CONDITIONS

Welcome to Light & Craft Technologies Private Limited (“Binks”, “We”, “Our” or “Us”).

The terms and conditions (“Terms”) contained herein govern the customers’ (“User”, “You”, “Your”) use of Bink’s website https://getbinks.com/ as well as all the other domains and sub-domains owned and operated by Binks and mobile application, available at Google play store and Apple app store, (collectively, the “Platform”). We facilitate and assist in stitching tailor-made clothing and apparel for You (“Services”), as elaborated below. You are advised to read the Terms carefully before agreeing to it. By visiting the Platform or accepting these Terms, You understand and agree with the Terms. If You do not agree to all the Terms herein, please do not use the Platform. These Terms and any other terms that may be notified to You from time to time, constitute a legally binding agreement between You and Binks in relation to Your use of Our Platform.

This document is an electronic record in terms of the IT Act (as defined below) and rules thereunder as applicable and amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms are published in compliance of, and are governed by the provisions of Indian laws, including but not limited to:

(a) The Indian Contract Act, 1872; (b) The (Indian) Information Technology Act, 2000 (“IT Act”); (c) The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; (d) The (Indian) Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021; (e) the Consumer Protection Act, 2019, and the rules framed thereunder.

1.1

We, at Binks, help You, design Your outfit with the assistance of a fashion designer from the comfort of Your home. Our Platform allows You to find the types of clothes that you want to get stitched, place an order for stitching of such clothing, have a fashion designer assigned to You who will help you design Your outfit and have the order delivered to You in usual course of business. We reserve the right to restrict/ refuse Our Services, terminate accounts and / or remove or edit content present on Our Platform at Our sole discretion.

2.1

You agree that: (a) You will not copy or sell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform; and (b) You will not copy, reproduce, download, compile or otherwise use any Platform content for the purposes of operating a business that competes with Binks, or otherwise commercially exploits the Platform content or systematic retrieval of Platform content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).

2.2

You agree not to undertake any action which may undermine the integrity of Binks’s feedback system.

3.1

We care about Your privacy. Our privacy policy privacy policy (“Privacy Policy”) describes the kind of data We collect / store, how We use it, retain it and destroy it. We advise You to carefully read the Privacy Policy along with the Terms.

4.1

Subject to Your acceptance of the Terms and the Privacy Policy, You are required to register on the Platform to use Our Services. Upon registration, You will get a personal, non-transferable right to access the Platform (“Account”) to avail the Services.

4.2

We will collect Your data such as name, contact number, email address, address, map location, and register You on Our Platform. To obtain access, You will be required to use the One Time Password (“OTP”) sent to Your phone number. You can enter Your mobile number on the Platform, which will then enable You to enter an OTP sent to You. Once You enter the OTP, You will have access to the Platform through Your Account.

4.3

In the event of any change in the information, User shall update its information immediately in its Account.

5.1

You are responsible for how You interact with the Platform. We want Our Users to have a satisfying, helpful, and secure experience. In order to further this objective, We prohibit certain behaviours that can be detrimental to other Users or to Us. When You use the Platform, You shall not:

(a) violate any applicable laws or regulations; (b) violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights; (c) post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; (d) submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation; (e) submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content; (f) engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Platform; (g) alter or tamper with any contents, information, or materials on or associated with the Platform; (h) transmit any viruses, malicious code, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; (i)post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any user; (j) disrupt, overwhelm, attack, modify or interfere with the Platform or its associated software, hardware, or servers in any way; (k) take any action that imposes, or may impose in Our sole discretion, an unreasonable or disproportionately large load on Our infrastructure; (l) interferes with another User’s use and enjoyment of the Platform; (m) abuse, defame, threaten, intimidate, stalk, harass, or harm another individual; (n) impersonate any person or entity or perform any other similar fraudulent activity, such as phishing; (o) use any robots, spiders, scrapers or any other automated means to access the Platform for any purpose; (p) use any means to scrape or crawl any web pages contained on the Platform; (q) attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the Platform; (r) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Platform; or (s) advocate, encourage, or assist any third party in doing any of the foregoing.

6.1

Service is intended only for access and use by individuals who are of the age of 18 (Eighteen) years old or above. By accessing the Platform or using Our Service, You warrant and represent that You are of the age of 18 (Eighteen) years or above and You have the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If You are under 18 (Eighteen) years of age, you may use the website only with the involvement of, and under the supervision of, Your parent / guardian.

7.1

You hereby represent and warrant that:

(a) All information provided by You, including Your name, phone number, email address or such other information provided by You at the time of registration on the Platform are Your own details, and are true, correct and accurate.

(b) You shall use Our Platform solely for the purpose permitted by these Terms, and any other terms published by Us, and in accordance with applicable laws.

(c) You accept that any and all operations emanating from Your device of use shall be assumed to have been initiated by You.

(d) Your acceptance of these Terms implies Your express consent to be contacted by Our representatives through calls, SMS or emails and notifications. You agree to keep all Your personal data on the Platform updated and notify us if You discontinue use of Your phone number / email address.

(e) You agree and acknowledge that Your discontinuation of Our Services does not lead to an automatic termination of Your registration, and You agree to de-register Your registration from Our Platform.

(f) You shall not gain / attempt to gain any unauthorized access to the Platform, or any other systems, server or networks connected to the Platform, by hacking or such other illegitimate means.

8.1

We use cookies and similar tracking technologies to track activity on Our Platform. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to Your browser from a website and stored on Your device. They are used to track Your preferences, and help aggregate to determine user trends. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze Our Service. You can set Your browser to refuse all or some browser cookies or to alert You that cookies are being sent. If You disable or refuse cookies, You may be unable to use some parts of Our Platform properly or at all.

9.1

Intellectual Property means any and all present, contingent and future intellectual and industrial property of Binks including, patents, copyrights, registered and unregistered designs, trademarks, trade secrets, layout designs, and all other similar or corresponding data and information, whether registered or unregistered, and all applications for the same, anywhere in the world and all rights of whatever nature in computer programs, firmware, database, micro-code and other computer software, and all intangible rights and privileges of a nature similar to any of the foregoing (“Intellectual Property”).

9.2

The Intellectual Property of Binks, including but not limited to Our logo, Our Platform, domains owned by Us, Our social media handles including https://www.facebook.com/CraftedByBinks, https://www.linkedin.com/company/getbinks, https://www.youtube.com/@craftedbybinks, www.instagram.com/craftedbybinks/, https://in.pinterest.com/CraftedByBinks/, https://twitter.com/craftedbybinks, is, and will remain, the exclusive property of Binks. The Platform is protected by copyright laws, and no part of the data available on Our Platform can be reproduced, copied, published, publicly displayed, transmitted or distributed in any way, expect for Your personal and non-exclusive use.

9.3

We respect the Intellectual Property rights of Our Users and expect You to do the same. We can take legal or other appropriate action, including immediate termination of Your registration, for any unauthorized use of Our Intellectual Property.

10.1

It is the User’s responsibility to ensure that it maintains the confidentiality of its Account’s information and shall be responsible for the activities carried under its Account. In the event of any unauthorised use, the User shall immediately notify Us of such an activity.

11.1

We may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by Binks is subject to change. The surfacing of advertisements on the Platform does not imply endorsement by Binks of any advertised products or services.

12.1

We are constantly evolving and growing to provide You the best possible experience through Our Platform. You acknowledge and agree that the nature of Services which We provide may require updates and changes. Therefore, We reserve the right to discontinue or suspend the Services at any point in time, without any prior notice.

12.2

We reserve the right to withdraw, amend, revise and / or update these Terms at any time, in Our sole discretion, and without giving prior notice. Any changes in the Terms are effective immediately and apply to access the Platform. You shall ensure periodical review of the Terms for revisions / updates, and Your continued use of the Platform and the Services following the changes to these Terms, constitutes acceptance of the changes.

13.1

You expressly agree that You use Our Platform at Your own risk. No information provided to You by Binks will create any liability or warranty that is not expressly stated in these Terms. All the contents on the Platform are for general information and use. Binks makes no representations or warranties as to the functioning and operation of the Platform. Binks, and no representative of Binks, represent or warrant on the security, completeness, accuracy, or availability of the Services. You acknowledge that the Platform may suffer from the inevitable vulnerabilities of the internet, and any loss caused to the User for any such internet glitches will not be the responsibility of Binks.

13.2

We disclaim all claims and liabilities that may arise in relation to any third-party content displayed on the Platform.

13.3

We disclaim all claims and liabilities that may arise in relation to the reference images shared by You with Our designers for availing Our Services.

13.4

We reserve the right to restrict / refuse Our Services, terminate Accounts and / or remove or edit content present on Our Platform at Our sole discretion.

13.5

We reserve the right to take any and all actions, as We deem necessary or reasonable, to maintain the security of the Platform and Your information available with Us.

13.6

We will not be liable to the User for any indirect, punitive, incidental, and / or consequential damages

13.7

We will not be liable for non-availability of Our Platform during periodic maintenance.

13.8

We will not be liable for any delay and / or discrepancy in Services due to the implication of any applicable state or central law.

14.1

You agree to defend, indemnify and hold harmless Binks and its authorised representatives and employees from any claims, damages and/ or losses, including reasonable attorney’s fees, that might arise due to Your breach of the Terms, Privacy Policy or any unauthorised and/ or illegal use of the Platform, or any violation of the applicable law, including infringement of third-party intellectual property rights. Our indemnification rights will survive the termination of Your Account, the Terms and Your use of Our Platform .

15.1

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Republic of India and subject to paragraph 15.2 (Dispute Resolution) below, the courts at Bangalore, India shall have an exclusive jurisdiction on the matters arising from the Terms, without regard to the principles of conflicts of laws.

15.2

Dispute Resolution:

(a) In the event that any dispute arises between Binks and You, in connection with these Terms, Binks and You shall endeavour to settle such dispute amicably.

(b) In the case of failure to resolve the dispute amicably between Binks and You within 30 (Thirty) days from the date when the dispute arose, the dispute shall be settled by arbitration by a sole arbitrator appointed jointly by Binks and You. The seat of arbitration shall be Bangalore, India. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996, as may be amended from time to time and shall be conducted in the English language. The decision of the arbitrator shall be binding. You and Binks shall equally bear the costs and expenses arising due to arbitral proceedings.

16.1

You and Binks shall not deem to have an employer-employee relationship, partnership, joint venture or agency relationship, whereby either party could be held liable for any act or omission of the other. The parties shall act as independent contractors for the purposes of this engagement.

17.1

You agree that except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

18.1

The Services available on the Platform, are for Your personal and/or non-commercial use only. The Services, which You may receive from Us, shall not be sold or resold for any reasons.

19.1

To the extent that any portion of these Terms are unenforceable, they shall be deemed to be deleted from the Terms and any such deletion shall not affect the validity and enforceability of the remainder of the Terms not so deleted.

20.1

No waiver by Binks of any terms or conditions set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Binks to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21.1

In case You become aware of any act or omission which is in violation of these Terms or applicable laws, You shall forthwith take all steps to inform us of such violation. You can reach Us at the details provided in Clause 21.2 below.

21.2

In accordance with the IT Act, and the Consumer Protection (e-commerce) Rules, 2020, please see below details of the grievance officer:

Name: Aamna Khan Designation: Chief Executive Officer E-mail: aamna@getbinks.com

21.3

You can also raise and track Your grievance on Our Platform. We try to respond to all legitimate requests within 15 (Fifteen) days. It may take Us more than 15 (Fifteen) days, occasionally, but We will try to resolve/ respond to Your grievance at the earliest.

21.4

Your feedback will help Us provide You with improved services. If You have any feedback, please write to Us at hello@getbinks.com.

22.1

Force Majeure: We shall not be liable for any failure to perform Our obligations hereunder where such failure results from any cause beyond Our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

22.2

Assignment: These Terms are personal to You, and are not assignable, transferable or sublicensable by you except with Our prior written consent. We may assign, transfer or delegate any of Our rights and obligations hereunder without consent.