The following terms and conditions will be deemed to have been accepted by the User on usage of the website www.apparel-bpo.com. You are requested to read them carefully before you use the services of this site.
The term “User” or “usage” in any grammatical variation shall refer to the User who is browsing the site and/or using the product or services herein. The term apparel-bpo shall refer to apparel-bpo OR Bougainvillea Ventures. The term Site refers to www.apparel-bpo.com owned and monitored by Bougainvillea Ventures.
By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site. apparel-bpo may revise the Terms of Use at any time without notice to you. Areas of the Site may have different terms of use posted. If there is a conflict between the Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.
apparel-bpo may terminate User’s access at any time for any reason whatsoever, without notice. The provisions relating to disclaimer of warranty, accuracy of information, and indemnification shall survive such termination. apparel-bpo may monitor access to the Site.
All content present on this site is the exclusive property of apparel-bpo. The software, text, images, graphics, video and audio used on this site belong to apparel-bpo. No material from this site may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form whatsoever.
All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties. apparel-bpo does not make any warranties, express or implied, including, without limitation, those of quality, performance, non-infringement, anti-virus, merchantability and fitness for a particular purpose, with respect to any information, data, statements or products made available on the Site.
The Site, and all content, materials, information, software, products and services provided on the Site, are provided on an “as is” and “as available” basis. apparel-bpo expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, accuracy, completeness, security or timelines of the services or information provided through this site.
INTELLECTUAL PROPERTY
A)Ownership of Users IPR and Materials.
The User will be and remain the sole and exclusive owner of all rights, title and interest, including all Intellectual Property Rights, in and to: (i) all existing User Proprietary Materials; and (ii) all modifications and derivative works to User’s Proprietary Materials that are developed independently of the Services; provided under the Agreement.
The User hereby grants to apparel-bpo a non-exclusive, non-transferable, royalty-free, revocable limited license, to use the User’s name, logos, trademarks, service marks, labels and designs in a manner as provided by the User, solely in connection with the performance of its Services under the Agreement.
B) Ownership of apparel-bpo IPR :
apparel-bpo retains all of its rights, title and interest in and to (i) all materials owned by or proprietary to apparel-bpo prior to, or independent from, the performance of Services under the Agreement, and all modifications thereof, and (ii) all generic or proprietary information, and all concepts, ideas, presentations, methodologies, software, applications, know-how, drawings, designs, notes, patterns, technologies for fit, processes or procedures used, conceived, authored, created or developed by apparel-bpo in the performance of the Services and/ or in conduct of its business (“ Creations”). The User agrees and acknowledges that apparel-bpo may provide same or similar services to other clients; provided that if apparel-bpo possesses information obtained under an obligation of confidentiality to you, it is obliged to keep confidential such information and IPR and will not use it for providing any services to other clients.
If the performance of the Servies by apparel-bpo is prevented, hindered or delayed due to the force majeure event, Covid, quarantine, pandemic, epidemic, government restrictions, change in law, or events which are beyond the reasonable control of apparel-bpo, it shall have the right to suspend/ terminate the Services/ Agreement, by written notice, without any liability to pay any additional costs or damages to the User or client.
apparel-bpo shall have no responsibility for any damage to User’s computer system or loss of data that results from the download of any content, materials, information from the Site.
apparel-bpo may change or discontinue any aspect of its website at any time, including, its content or features. apparel-bpo reserves the right to change the terms and conditions applicable to use of the Site. Such changes shall be effective immediately upon the same being placed on the Site.
In no event will apparel-bpo be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use apparel-bpo’s website, or any information provided on the website, or in the Products any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof. Whether based on contract, tort and whether or not apparel-bpo is advised of the possibility of such damages without limiting the foregoing the User agrees that in no event shall apparel-bpo total liability for any damages or loss, whether in contract, tort or otherwise exceed INR ( Indian Rupees 5000 )
User agrees to indemnify, defend and hold apparel-bpo,subsidiaries,affiliates, officers, agents, co-branders or other partners and employees, harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any misuse by the User of the content and services provided on the Site.
The information contained in the Site has been obtained from sources believed to be reliable. apparel-bpo disclaims all warranties as to the accuracy, completeness or adequacy of such information.
apparel-bpo makes no warranty that: (a) the Site will meet your requirements; (b) the Site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable.
The User’s right to privacy is of paramount importance to apparel-bpo. Any information provided by the User will not be shared with any third party except for the services herein. apparel-bpo reserves the right to use the information to provide the User a more personalized experience / service.
The Site provides links to web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that apparel-bpo is not responsible for the availability of, and content provided on, third party web sites. The User is requested to peruse the policies posted by other web sites regarding privacy and other topics before use. apparel-bpo is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and User shall bear all risks associated with the use of such content. apparel-bpo is not responsible for any loss or damage of any sort User may incur from dealing with any third party.
These terms and conditions are governed by the laws of India. The User agrees to submit to the exclusive jurisdiction of courts in India
, Gujarat state, India.
All payments are due upon receipt of invoice from us and to be paid immediately. All services including Designs, patterns, Samples / fabrics supplied / bought on the behalf of the client etc will become the property of apparel-bpo if payments are not made within 3 days from the date of invoice, apparel bpo reserves the right to dispose them off at its own discretion, without any notice or liability to the client. If any invoiced amount is not received by by us by the due date, then the due amount shall accrue a late interest at the rate of 15% on the oustanding amount till the date of realization.
The User agrees and acknowledges that (1) the payment obligation in advances herein are non-cancellable and the payments paid are non refundable ; (2) quantities purchased cannot be decreased after the order is placed ; (3) any amounts owing by the User for any product, services herein if 6 days or more overdue apparel-bpo shall suspend or cancel the order ( 4) all the terms and conditions herein shall govern any purchases herein, to the exclusion of any other terms and conditions of the User.
For products shipped internationally, please note that any manufacturer warranty may not be valid. Safety warnings may not be in destination country language; the products, and accompanying materials including trims, supplies, notions, accessories, packaging materials etc may not be designed in accordance with destination country standards, specifications, safety standards and labeling requirements and the products may not conform to destination country laws. The user is responsible for assuring that the product / services can be lawfully imported to the destination country. When ordering products or services from apparel-bpo, the User is the importer on record and must comply with all laws and regulations of the destination country.
Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. Digital goods including 2D and 3D pattern files in pdf, dxf, or other digital files contracted for and emailed or uploaded via file transfer websites like www.wetransfer.com etc are treated as digital goods and once emailed will be treated as project delivered and no refunds will be entertained therof. Physical samples should be inspected prior to being sent out by the clients or their representative at our premises. Any claims raised after goods are dispatched / handed over to shipper / shipping agent / courier will not be entertained.