Terms & Conditions
Introduction
The website www.underneat.in (the “Website”) is operated by Underneat Clothing Private Limited (“Underneat,” “we,” “us,” or “our”).
Access to the Website is governed by these Terms and Conditions (“Terms”) and related policies, including the ‘Privacy Policy,’ ‘Purchase Order Policy,’ ‘Shipping and Delivery,’ ‘Returns and Exchanges,’ ‘Payment Options,’ and any other policies introduced by Underneat from time to time.
Acceptance of Terms
These Terms are effective immediately.
The Website is accessible only to individuals capable of forming legally binding contracts under Indian law. Persons who are "incompetent to contract" under the Indian Contract Act, 1872, including minors or undischarged insolvents, are prohibited from using the Website or making purchases. Access is also restricted to individuals whose membership has been suspended or terminated.
By using the Website or purchasing products, you confirm that you have read, understood, and agree to be bound by these Terms and related policies. Unless stated otherwise, these Terms override any prior agreements or representations.
For queries or concerns, please contact us at customercare@underneat.in .
Privacy and Other Policies
By accessing the Website or providing information, you consent to Underneat's use of your personal or sensitive data in connection with your use of the Website or product orders. This includes information provided during registration, purchases, feedback, or any correspondence with Underneat. We will protect your information in line with our Privacy Policy.
By using the Website or making purchases, you acknowledge that you have read and accepted the Privacy Policy. You also agree to be bound by additional policies, including the ‘Purchase Order Policy,’ ‘Shipping and Delivery,’ ‘Returns and Exchanges,’ and ‘Payment Options.’
Underneat reserves the right to modify these Terms and policies at any time without notice. Continued access to the Website after modifications constitutes acceptance of the revised Terms and policies.
These Terms and policies form a valid contract between you and Underneat, even if not physically signed. If any provision is found invalid by Indian courts, the remainder will remain enforceable, and the provision will be interpreted in line with Indian law. In case of conflict between Terms and any policy, the policy provisions will prevail.
Limited Usage of Website
All intellectual property rights on the Website, including content such as software, images, text, logos, and trademarks, are owned or licensed to Underneat. You may not use any intellectual property of Underneat or its licensors without prior written permission.
Underneat grants you a limited, non-exclusive, revocable license to access and use the Website for personal, non-commercial purposes. The following actions are prohibited:
- Commercial use or derivative use of the Website or its content.
- Extraction, reproduction, duplication, downloading, or copying of any content, including product descriptions or prices, for any purpose.
- Use of Information, including customer or employee details, for resale or third-party benefit.
- Reverse engineering, distribution, sale, or licensing of any Information available on the Website.
Unauthorized use or breach of these Terms may result in suspension or termination of your access to the Website without liability.
Access to Website
The Website or its services may be temporarily unavailable due to maintenance, upgrades, or other reasons. Underneat will not be liable for any damages arising from:
- Inability to access or delays in using the Website.
- Unauthorized access or alterations of data.
- Loss of use, data, or profits related to the Website's performance.
- Website downtime during maintenance or technical issues.
Interruption of services will not entitle you to terminate subscriptions, demand refunds, or request reductions in payments.
Changes to Website Contents
Underneat and its partners make no warranties regarding the accuracy, reliability, or completeness of the Website's content, including text, images, software, and links, or that the Website will operate error-free. While Underneat strives to maintain the Website's functionality, it cannot guarantee uninterrupted access or error-free performance.
The Website, its products, and content, including prices and information, are subject to periodic changes without prior notice or liability.
User Account, Password, Security, and Communication
Ensure the information provided during registration or order placement is accurate and complete. Registered users should update their details for better service. If registering as a business entity, you confirm you have the authority to bind the entity to these Terms.
You are responsible for maintaining the confidentiality of your account and password and for all activities under your account. Underneat is not liable for any loss or damage arising from failure to do so. Always log out after your session.
In case of unauthorized use or suspected misuse of your account, notify Underneat immediately. Underneat may request a password change or suspend your account if misuse is suspected.
Underneat will never ask for your password. Ignore any such requests.
By registering or placing an order, you agree to provide accurate, up-to-date information. If the information is found to be incorrect, Underneat may suspend or terminate your account, reject your order, or refuse delivery without liability.
Reviews, Comments, Feedback, Etc.
Underneat invites you to share feedback, suggestions, and ideas on the Website, provided they comply with Indian laws and these Terms.
Views expressed on the Website are personal opinions of the author and do not reflect Underneat's views. Underneat is not responsible for these opinions.
Underneat reserves the right to remove, edit, or refuse any content that violates these Terms or Indian laws, without prior notice, and may suspend your access to the Website if necessary.
By submitting Views, you grant Underneat irrevocable, perpetual, worldwide rights to use, modify, and distribute your Views for any purpose, without compensation. Underneat may also use your name in connection with your Views, if deemed appropriate.
You confirm that your Views are lawful, non-defamatory, and do not violate any rights. You agree to indemnify Underneat for any claims arising from your violation of these Terms or Indian laws.
Your Obligations
You agree to:
- Comply with all intellectual property rights and restrictions on the Website and its products.
- Use products purchased through Underneat only for lawful purposes and in compliance with Indian laws.
- Monitor and restrict minors' use of the Website and take responsibility for any unauthorized use, including payment methods.
You further agree not to:
- Violate Indian laws or these Terms while using the Website or making purchases.
- Use the Website under a false identity or for commercial purposes.
- Misrepresent or damage Underneat’s reputation or brand.
- Gain unauthorized access or disrupt the Website’s operation.
- Post unlawful, offensive, or discriminatory content.
- Send unsolicited promotional materials (e.g., spam or chain letters).
- Harass or cause harm to others while using the Website.
- Collect, reproduce, or use data from the Website inappropriately.
- Infringe on the intellectual property rights of Underneat or third parties.
- Use automated software or bots to access the Website for unauthorized purposes.
- Misrepresent your relationship with Underneat.
- Transmit harmful software or malware.
- Circumvent security features or digital rights management on the Website.
Hyperlinks
Underneat grants you a revocable, non-exclusive right to create a hyperlink to the Website's home page, subject to these Terms.
The Website may contain links to third-party sites ("Linked Sites"). Underneat has no control over these sites and is not responsible for their content or any changes to their terms or privacy policies. Mentioning Linked Sites does not imply endorsement or affiliation with their operators unless explicitly stated.
Waiver
Failure by Underneat to act on a breach of the Terms or policies does not waive its right to enforce these rights in future breaches. Any waiver of rights must be in writing and signed by an authorized officer of Underneat.
Indemnity and Release
You agree to indemnify and hold harmless Underneat, its subsidiaries, associates, consultants, and contractors, from any claims, actions, or penalties arising from your breach of these Terms, violation of laws, or third-party rights.
You release Underneat and its affiliates from any liabilities or damages resulting from actions or inactions of Underneat’s suppliers, designers, vendors, or courier companies.
Force Majeure
Neither party will be liable for failure to perform obligations due to events beyond their reasonable control (e.g., storms, natural disasters, strikes, wars, or government actions).
If a Force Majeure event lasts over three months, either party can cancel the purchase order with written notice. You agree to pay for products delivered before or during the Force Majeure event.
Governing Law and Jurisdiction
These Terms and policies are governed by the laws of the Republic of India. Any disputes will be resolved exclusively in the courts of Gurgaon.
Infringement of Intellectual Property
Underneat respects intellectual property rights and expects users to do the same. If you believe any content on the Website infringes your intellectual property rights, please notify us at customercare@underneat.in or the address provided in the 'Notice' clause.
Your notice should include:
- A signature of the authorized person acting on behalf of the IP owner.
- Relevant registration certificates or evidence of ownership.
- Identification of the alleged infringing material with sufficient information to locate it.
- Contact details for the complaining party.
- A statement of good faith belief that the material is not authorized by the IP owner.
- A statement of accuracy and authorization to act on behalf of the owner.
Please ensure that the use of material does not fall under the “fair use” doctrine to avoid liability for filing an improper takedown notice.
Notices and Communication
Any notice to Underneat under this Agreement should be sent by prepaid post to:
Underneat Clothing Private Limited, 17,18, Udyog Vihar Phase 1, Sector 20, Gurugram, Haryana 122016
Email: customercare@underneat.in
Underneat will send notices to you via email or by physical post/courier to the address you provided. Notices sent by email or post/courier will be considered valid and effective.
For order-related communications, you are required to provide a valid phone number. Underneat may contact you via email, SMS, phone calls, or by posting notices on the Website to fulfill your order or inform you about promotions. By placing an order, you consent to receive such communications.
Miscellaneous
Underneat requests that you refrain from referring our products to friends or relatives who do not wish to purchase.
Please do not provide incorrect, invalid, or fictitious email addresses, as this may result in unsolicited invitations. You agree to indemnify Underneat for any harassment claims due to such information.
Underneat reserves the right to set separate terms and conditions for gift vouchers, offers, or discounts.
In case of conflict in the Terms, Underneat’s decision shall be final, and you waive the right to make any claims.
You acknowledge that any material downloaded from the Website is done at your own risk and you are responsible for any resulting damage to your computer or loss of data.
For grievances, please contact us at customercare@underneat.in for website-related issues or product inquiries.
