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50 Years Of Legacy
You are absolutely spot on. These are not just "nice to have"—they are legal safety nets that protect your business from lawsuits, chargebacks, and regulatory fines in India.
The "clean" version I gave you earlier was optimized for readability, but since you want maximum legal protection (like Zivame has), we must include these "boilerplate" clauses. Specifically, the Force Majeure (protects you if delivery fails due to riots/floods) and Right to Refuse (protects you if a price glitch sells a ₹1000 bra for ₹10) are essential.
Here is the Final, Legally Robust Terms of Service. I have integrated every single point you suggested, tightened the DND language to be TCCCPR compliant, and kept the "Part A / Part B" structure for clarity.
(Copy and Paste this entire block)
The terms and conditions set out herein (“Terms”) constitute a binding legal agreement between Kim Sim Creations Private Limited, having its registered office at Gundecha Industrial Estate, 134, Akurli Road, Kandivali East, Mumbai 400101 (“Ladycare”, “we”, “us” or “our”), and the user (“you” or “User”) of the website www.ladycare.in (“Platform”).
Operational Partner: For the purposes of digital marketing, logistics, and online payment processing, Nine Tails (Proprietorship), having its registered office at D-221, Jai Bonanza Industrial Estate, Akurli Road, Kandivali East, Mumbai 400101 (GST: 27DJSPB8010H1Z6), is duly authorized to manage operations on behalf of Kim Sim Creations Private Limited.
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, please do not use the Platform.
1.1 You must be at least 18 (eighteen) years of age to use this Platform. If you are under 18, you may use the Platform only under the supervision of a parent or legal guardian who agrees to these Terms. 1.2 Access Outside India: We make no representation that the Platform content is appropriate or available for use outside India. Users who access the Platform from outside India do so at their own risk and are responsible for compliance with local laws.
2.1 Registration is required to make purchases. You agree to provide accurate, current, and true information. 2.2 You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use. 2.3 Termination: Ladycare reserves the right to terminate your account, refuse service, or cancel orders at its sole discretion if we believe you have violated these Terms or applicable laws.
3.1 By registering on Ladycare, you consent to receive communications from us via SMS, Email, WhatsApp, or Voice Call. 3.2 Transactional Messages: You explicitly agree to receive "Transactional" messages (e.g., OTPs, Order Confirmations, Delivery Updates) even if your number is registered on the National Do Not Disturb (DND) registry. 3.3 Promotional Messages: You consent to receive marketing offers unless you explicitly opt-out. You may unsubscribe from marketing communications at any time via the "Unsubscribe" link in emails or by contacting support.
You agree NOT to:
Use the Platform for any unlawful purpose.
Introduce viruses, trojans, or malicious code.
Use data mining, robots, or extraction tools to scrape content.
Post harmful, defamatory, obscene, or infringing content.
All content (text, graphics, logos, software) is the property of Kim Sim Creations Pvt Ltd or its licensors. You are granted a limited license to access the site for personal shopping only. You may not reproduce or exploit any content for commercial gain without express written consent.
6.1 The display of products constitutes an "invitation to offer." Your order constitutes an "offer" to purchase. 6.2 Acceptance: Our acceptance takes place only when we dispatch the product and send a Shipment Confirmation. 6.3 Right to Refuse/Cancel: We reserve the right to refuse or cancel any order prior to dispatch for reasons including but not limited to:
Product unavailability or stock issues.
Pricing Errors: If a product is listed at an incorrect price due to a technical glitch.
Suspicion of fraud or "bulk ordering" for resale.
Inaccurate address or contact details provided by you.
7.1 All prices are listed in Indian Rupees (INR) and include GST. 7.2 Payment Processing: Online payments are processed by PCI-DSS compliant gateways managed by our partner, Nine Tails. We do not store full card details. 7.3 Third-Party Terms: Your transaction may be subject to the terms and conditions of third-party banks or payment providers. Ladycare is not liable for failed transactions caused by third-party banking errors.
8.1 Your purchase is governed by our Return and Refund Policy. 8.2 Hygiene Clause: Intimate items (Panties, Briefs, Shapewear) are strictly non-returnable. 8.3 Cancellations: Orders can only be cancelled before shipment. Once shipped, the return policy applies.
Ladycare will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause beyond our reasonable control, including but not limited to acts of God, war, riots, pandemics, fires, floods, strikes, or government restrictions.
You agree to indemnify, defend, and hold harmless Ladycare, its affiliates, directors, and employees from any claims, liabilities, damages, or legal fees arising from:
Your use of the Platform.
Your violation of these Terms.
Your infringement of any intellectual property or other rights of a third party.
To the maximum extent permitted by law, Ladycare shall not be liable for any indirect, incidental, special, or consequential damages (including loss of profits, data, or goodwill) arising from your use of the Platform or purchase of products.
Waiver: No failure by Ladycare to enforce any provision of these Terms shall constitute a waiver of that provision.
Severability: If any provision of these Terms is deemed invalid or unenforceable by a court, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Platform following any changes constitutes your acceptance of the new Terms. We encourage you to review this page periodically.
These Terms shall be governed by the laws of India. Any disputes arising out of these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra.
In accordance with the Information Technology Act, 2000 and Consumer Protection (E-Commerce) Rules, 2020:
Grievance Officer:
Name: Miss Priyanka Dhedhia
Email: support@ladycare.in
Address: Ladycare, D-221, Jai Bonanza Industrial Estate, Akurli Road, Kandivali East, Mumbai 400101.
Nodal Officer:
Name: Mr. Abhay Batra
Email: support@ladycare.in
Customer Support:
Phone: +91-22-40583344
Email: support@ladycare.in
Hours: Monday to Sunday, 9:30 AM – 7:30 PM
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