Thank you for being a valued friend of The Set Free Store. We value your trust and hence we request that you read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any of the services. These Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.


The Terms of Use and policies about Shipping, Payments, Cancellation, Returns, and Refund together shall form the entire Terms of Service.

This website is operated by Set Free Store. Throughout the site, the terms “we”, “us” and “our” refer to Set Free Store. Set Free Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


1. What is this Document?

1.1 These terms of use, read together with the shipping, return, exchange, refund and payment policy constitute a legal and binding agreement between you and Set Free Store (hereinafter referred to as "Set Free Store")

1.2.  The Agreement, inter alia, provides the terms that govern your access to use (i) Set Free Store website www.setfree.store, and its mobile and tablet applications (“Platforms”), (ii) Set Free Store’s online lifestyle, fashion solutions, which inter alia facilitates sale and purchase of merchandise (“Products”) through the Platforms, and (iii) the purchase of Products, and any other service that may be provided by Set Free Store from time to time (collectively referred to as the “Services”).

1.3. You hereby understand and agree that the Agreement forms a binding contract between Set Free Store and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”) and accordingly, you hereby agree to be bound by the terms contained in the Agreement. If you do not agree to the terms contained in the Agreement, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Agreement shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Agreement. Set Free Store retains the right to refuse service to anyone for any reason at any time.

 

2. Terms and Conditions Applicable to Users

2.1. Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to Set Free Store that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. By agreeing to these Terms of Service, you represent that you are at the age of majority in your state, province or country of residence or you have given us your consent to allow any of your minor dependents to use this site.

2.2 If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products, on behalf of the minor User. Should Set Free Store be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, Set Free Store reserves the right to deactivate such User’s account without further notice.

2.3 You undertake that you will not use our products for any illegal or unauthorized purpose nor will you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

2.4 You will not transmit any worms or viruses or any code of a destructive nature.

2.5.  The Agreement is governed by the provisions of Indian law, including, but not limited to:

2.5.1.  the Indian Contract Act, 1872;

2.5.2.  the Information Technology Act, 2000;

2.6. The contents of Services ( “Set Free Store Content/ Content”) includes all but not limited to  information, trademarks, service marks, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services and  are the sole property of Set Free Store, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors and sister companies, as the case may be , and are protected under copyright, trademark, patent and/or  other applicable proprietary rights and laws. The Site and its Contents may also contain various third-party names, trademarks, and service marks that are the property of their respective owners. Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the Site solely for your own personal, non-commercial purposes and solely in accordance with these Terms. This license is terminable at any time, and does not grant you any additional rights with respect to the Site or its Contents. Set Free Store reserves all other rights. You shall not modify the Set Free Store or Set Free Store Content or reproduce, display, alter or change any Content, or distribute, publish, transmit, reuse, re-post, publicly perform, reverse engineer, disassemble or otherwise use the Content or any portion thereof for any public or commercial purposes or for personal gain, including, without limitation, the text, images, audio and video. Your use of any Content, except as provided in these Terms, without our written permission of is strictly prohibited.

2.7. Set Free Store authorizes you to view and access the Content solely for identifying Products, carrying out purchases of Products and processing Returns and Refunds, in accordance with Return and Refund Policy, if any. Set Free Store, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the Set Free Store or Set Free Store Content, any collection and use of product listings, description, or prices, and any derivative use of the Platforms.

2.8. As means to assist the Users in identifying the Products of their choice, Set Free Store provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Set Free Store disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.

2.9 Set Free Store is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site and it is solely your responsibility to monitor changes to our site.

2.10. Users may make purchases on the Platforms. For the purposes of identifying a User, Set Free Store may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.

2.11. The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorization through means such as hacking and if through such unauthorized access, a purchase of Product/Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorized or illegal use of the User’s account shall entirely be borne by the User.

2.12. Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, Set Free Store’s acceptance of the User’s offer and the User’s continued adherence to the terms of the Agreement.

2.13. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if Set Free Store has reasonable grounds to suspect that the information provided by you is false, untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, Set Free Store reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.

2.14. All rights and liabilities of Set Free Store with respect to any Services to be provided by it shall be restricted to the scope of the Agreement. In addition to the Agreement, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that Set Free Store shall not be held liable for any transaction between you and any such third parties.

2.15. Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.16. You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages (including through internet-based mobile messaging) and/or emails from Set Free Store on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, Set Free Store’s acceptance or rejection of your offer to purchase a Product, payment information, Product dispatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by Set Free Store(or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from Set Free Store that the Product will be delivered. Set Free Store’s acceptance of your offer to purchase shall occur and conclude only when the Products have been dispatched by Set Free Store and a text message and/or email confirming such dispatch has been sent to you. Set Free Store, at all times, and reserves the right to limit the quantity of items in, or cancel an order prior to dispatch.

2.17. Any communication from Set Free Store shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may provide or designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, Set Free Store may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While Set Free Store shall make every endeavor to share prompt reminders and notifications relating to the delivery of purchased Products with you, Set Free Store shall not be held liable for any failure to send such notifications or reminders to you.

2.18. Set Free Store may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Agreement in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Agreement from time to time. Such changes shall be made applicable when they are posted. Set Free Store may also alter or remove any content from the Platforms without notice.

2.19. While Set Free Store shall make reasonable endeavors to maintain high standards of security and shall provide the Services by using reasonable efforts, Set Free Store shall not be liable for any interruption that may be caused to your access or use of the Services.

 2.20. Access to and registration on the Platforms is free of cost. Although unlikely, Set Free Store may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by Set Free Store without serving prior notice on the Users.

2.21. The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Set Free Store does not covenant or warrant that:

2.21.1. the Services will be made available at all times;

2.21.2. the Content available on the Platforms is complete, true, accurate or non-misleading; and

2.21.3. the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.

The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation thereof at a later stage.

3. User Covenants and Obligations

3.1.   As mandated under the provisions of Regulation 3(2) of the IG Rules, Set Free Store hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:

3.1.1.   belongs to another person and to which you do not have any right;

3.1.2.   is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;

3.1.3.   harms minors in any way;

3.1.4.   infringes any patent, trademark, copyright or other proprietary rights;

3.1.5.   violates any law for the time being in force;

3.1.6.   deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

3.1.7.   impersonates or defames another person; or

3.1.8.   contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

The User shall be entirely and wholly responsible for any outcome or damage or legal action or liability that may arise from carrying out, but not limited to, any of the prohibited actions.

3.2.   You are also prohibited from:

3.2.1.   violating or attempting to violate the integrity or security of the Platforms of the Set Free Store or Set Free Store Content;

3.2.2.   transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by Set Free Store;

3.2.3.   intentionally submitting on the Platforms, false or inaccurate information;

3.2.4.   using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;

3.2.5.   attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or

3.2.6.   copying or duplicating in any manner any of the Set Free Store or Set Free Store Content.

3.3.   You are also obligated to:

3.3.1.   refrain from acquiring any ownership rights by downloading the Set Free Store or Set Free Store Content;

3.3.2.   read the Agreement and agree to accept the terms and conditions set out therein;

3.3.3.   refrain from copying or modifying the Set Free Store or Set Free Store Content available on the Platforms for any purpose;

3.3.4.   comply with all applicable laws in connection with your use of the Platforms;

3.3.5.   not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and

3.3.6.   use the Products for personal, non-commercial use.

3.4.   You hereby authorize Set Free Store to declare and provide declarations to any Governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.

3.5.   Set Free Store may disclose or transfer information provided by you to its affiliates in India and other countries, and you hereby consent to such transfer. In terms of the SPI Rules, Set Free Store can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by Set Free Store as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Set Free Store or any person on its behalf and the User or where you have consented to such data transfer.

4. Third Party Information

4.1.   All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. Set Free Store is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.

4.2.   Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.

5. Intellectual Property Rights

5.1.   All the intellectual property used on the Platforms by Set Free Store, including the Set Free Store and Set Free Store Content, shall remain the property of Set Free Store, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Set Free Store, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.

5.2.   If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at setfreestore@gmail.com and let us know of your concerns.

6. Unlawful or Prohibited Use

6.1 You warrant to Set Free Store that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Services and any other related activities. You further warrant that you will not use the Platforms in any way prohibited by terms contained in the Agreement or under applicable law.

7. Liability

7.1. You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. Set Free Store, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

7.2. Set Free Store does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.

7.3. The maximum aggregate liability of Set Free Store, in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).

8. Indemnity

8.1 You hereby agree to indemnify and hold harmless Set Free Store, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with Set Free Store, (iv) action or inaction on behalf of Set Free Store’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. Set Free Store shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide Set Free Store with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.

9. Grievance Officer

9.1 In accordance with the provisions of the SPI Rules, any grievances which you may have with respect to the information shared by you with Set Free Store hereunder and its treatment, may be directed by you to the grievance officer of Set Free Store at setfreestore@gmail.com

10. Severability

10.1 If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Agreement shall continue to be in full force and effect.

11. Term and Termination

11.1.   The Agreement will remain in full force and effect while you use any Service in any form or capacity.

11.2.   Set Free Store reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Agreement, misrepresentation of information, any unlawful activity or if Set Free Store is unable to verify or authenticate any information you submit to it.

11.3.   The User may terminate the Agreement at any time, provided that the User discontinues any further use of the Platforms or Services.

11.4.   It is specifically clarified that any termination of the Agreement by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

11.5.   Any provision of the Agreement which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement.

12. Dispute Resolution and Governing Law

12.1.   The Agreement and any contractual obligation between Set Free Store and you under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Chennai, Tamil Nadu, India.

12.2.   All disputes will be subject to arbitration at Chennai in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. Set Free Store and the disputing User shall be entitled to appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed will jointly appoint the 3rd (third) arbitrator.

12.3.   Arbitration awards shall be reasoned awards and shall be final and binding on Set Free Store and the disputing User, and shall be enforceable in any court of competent jurisdiction.

13. Waiver

13.1 Set Free Store’s failure to enforce any provision of the Agreement or respond to a breach by a User or User shall in no way imply a waiver of Set Free Store’s right to subsequently enforce any provision of the terms of the Agreement or to act with respect to similar breaches by a User or User.

14. Notices

14.1 All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:

Email: setfreestore@gmail.com

15. Interpretation

15.1.   Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.

15.2.   Words denoting the singular shall include the plural and words denoting any gender shall include all genders.

15.3.   The words “include” and “including” are to be construed without limitation.

Any breach or violation of any of the Terms will result in an immediate termination of your Services.