- Please be informed of the changes implemented in clause 22 of the Terms & Conditions.
Terms & Conditions
brandmile provides access to and sells online goods, fashion and accessories at discounted prices to its members (the "Service").
Limited License to Access and Use Website
brandmile grants the user a limited license only for legitimate access and personal use of the Website and the Service. This license expressly excludes any downloading or copying of account information for the benefit of another vendor or any third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Website uploading, posting, or transmitting any content that the user is not expressly entitled to by these T&C or any use of data mining, robots, or similar data gathering and extraction tools. The user shall not bypass any measures used by brandmile to prevent or restrict access to the Site. Any unauthorized use by the user at the discretion of brandmile shall terminate this license granted to the user.
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system for any reason. No user may have more than one active account. Additionally, membership is non-transferable and users are prohibited from selling, trading, or otherwise transferring their account to any other party. If the user does not qualify or read, understand, accept and comply with the T & C, the user may not use the Service or the Website.
The User's Account
In consideration of the user's use of the website, the user hereby represents to be of legal age and legal capability to form a binding contract and not to be a person barred from receiving the Services under the applicable laws or these T&C. Furthermore, the user when registering on the Website agrees to provide the actual, correct and complete information about himself or herself. If the user does not comply with this provision, or brandmile has grounds to suspect that the user has not complied with this, brandmile at its sole discretion may suspend or terminate the user's account and refuse the user's use of the Website. The user is responsible for maintaining the confidentiality of all personal details relating to the Website (including the user's account and/or password details). The user hereby agrees to accept responsibility for all activities that occur under the user's account and/or password. The user agrees to notify brandmile immediately of any unauthorized use of the user's account or any other breach of security. brandmile at its sole discretion reserves the right to refuse Service, terminate accounts, or remove or edit content of the Website.
Errors regarding product information or typographical errors on the Website may occur. brandmile will only confirm the price and details of a product after the user's order. If a product happens to be listed at an incorrect price or with incorrect information, brandmile shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. brandmile may, at its discretion, either contact the user for instructions or cancel the user's order and notify the user of such cancellation. The user's offer will only be deemed accepted once the product ordered by the user has been dispatched. Until the dispatch of the product brandmile will have the right to modify the price of the product and contact the user for further instructions using the e-mail address registered with brandmile. At latest, in the event that the user's order is accepted, the price of the ordered product or products shall be debited to the user. The payment may be processed prior. If the order is cancelled after the payment has been processed, the said amount will be reversed back to the user. Prices and availability are subject to change without notice.
Cancellation by brandmile
brandmile reserves the right, at its sole discretion, to refuse or cancel any order. Such cancellation might be due to limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department or other reasons. Furthermore, brandmile reserves the right to require additional verifications or information before accepting any order. brandmile will contact the user if any order is cancelled or if additional information is required. If the user's order is cancelled after the payment has been processed, the exact amount will be repaid.
Cancellations by the user
In the event that the user requests for order cancellations, brandmile reserves the right to accept or reject requests for order cancellations at its sole discretion. If brandmile receives a cancellation notice and the order has not been processed / approved by brandmile, brandmile will cancel the order and refund the entire amount paid as store credit. brandmile is not able to cancel orders that have already been processed and shipped out. brandmile, at its sole discretion, may decide whether an order has been processed or not. The user agrees to adhere to and accepts brandmile's decision.
Fraudulent / Declined Transactions
brandmile reserves the right to recover damages (i.e. the cost of goods, collection charges and lawyers fees) from persons using the Website fraudulently. brandmile expressly reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of the T&C.
The user agrees, understands and confirms that his or her payment details (e.g. credit card details) for availing the Services will be correct and accurate and the user shall not use any payment method which the user is not lawfully entitled to (e.g. in a credit card transaction, the user must use his or her own credit card). The user further agrees and undertakes to provide the correct and valid details to effect payment to brandmile. Such information will not be utilized and/or shared by brandmile with any third party unless required for fraud verifications or by law, regulation or court order. The liability for fraudulent use of any payment method will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
brandmile does not claim ownership of any materials the user makes available through the Website but reserves the right to integrate such materials or its modification in its Service. With respect to such submitted materials that the user submits or makes available for inclusion on the Website, the user grants brandmile a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. The user hereby represents warrants and covenants that the user has the full right to grant the above mentioned license.
All content, products, and Services on the Website, or obtained from a website to which the Website is linked ("Linked Site') are provided to the user as is without warranty of any kind either express or implied including, but not limited to, the implied warranty of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. brandmile does not endorse and is not responsible for
- the accuracy or reliability of any opinion, advice or statement made through the Website by any party other than brandmile,
- any content provided on a Linked Site or
- the capabilities or reliability of any product or service obtained from a Linked Site.
Other than as required under applicable law, under no circumstances will brandmile be liable for any loss or damage caused by the user's reliance on information obtained through the Website or a Linked Site, or user's reliance on any product or service obtained from a Linked Site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Website, or obtained from a Linked Site. The user is hereby expressly requested to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Limitation of Liability
The user hereby expressly states to understand and agree that brandmile and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to the user for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or any other intangible losses, resulting from the use of the Website, content or any related services.
The user agrees to indemnify and hold brandmile (and its officers, directors, agents, subsidiaries, joint ventures, holding companies, affiliates and employees) harmless from any claim or demand, including any attorneys' or other legal fees, or arising out of or related to the user's breach of these T&C, or the user's violation of any law or the rights of a third party.
When the user accesses and uses the Website or sends emails to brandmile, the user is communicating with brandmile electronically and consents to receive communications from brandmile electronically, i.e. by brandmile sending emails or posting notices on the Website. The user agrees that all communication provided in the aforesaid manner shall satisfy the requirement to be in writing.
Site-Provided Email and Postings
brandmile assumes no responsibility or liability regarding any messages posted by a user to another user through the use of the Website ("Postings"). Furthermore, brandmile may but is under no obligation to review any messages, information or content posted on the Website by users. brandmile may decline to accept and/or remove any email or Postings at its sole discretion. The user agrees not to use any functionality provided by the Website to post content or initiate communications that:
- Contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind.
- Impersonate others or provide any kind of false information.
- Contain personal information such as messages which state phone numbers, identification numbers, account numbers, addresses, or employer references.
- Contain messages by non-spokesperson employees of brandmile purporting to speak on behalf of brandmile or containing confidential information or expressing opinions concerning brandmile.
- Contain messages that offer unauthorized downloads of any copyrighted or private information.
- Contain multiple messages placed within individual folders by the same user restating the same point.
- Contain Chain letters of any kind.
- Contain identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to aa) Using brandmile.com invitations to send messages to people who do not know the user or who are unlikely to recognize the user as a known contact; bb) Using brandmile.com to connect to people who do not know the user and then sending unsolicited promotional messages to those direct connections without their permission; and cc) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Website or third parties may provide links to other World Wide Web sites or resources. brandmile has no control over such sites and resources and the user acknowledges and agrees that brandmile is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. The user further acknowledges and agrees that brandmile shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Website is restricted to registered and authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
Modifications and Notification of Changes
- sending an email to the address associated with the user's account. In order to improve possibilities to receive such emails, the user is advised to add brandmile.com to the list of domains approved to send an email to the user (commonly known as the "whitelist"); or
with (a) and (b) being deemed sufficient notification, of such changes.
The trademarks, logos and service marks ("Marks") displayed on the Website are the property of brandmile and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of brandmile or such third party which may own the Marks. All information and content including any software programs available on or through the Website ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.
brandmile aims but does not guarantee to deliver the products to customers within 1 to 4 weeks from the day of close of sale depending upon the shipping location, given that the actual time of shipping depends upon several factors including but not limited to (delay in delivery through the courier partner, transporters' strike, delay in receiving products from brand partners etc.)
brandmile only accepts such returns that are unused, unworn, unwashed and undamaged. Return items will be only accepted in their original packaging, including but not limited to: hangers, polyester bags, hang tags on garments, shoe boxes, dust bags, and gift boxes. brandmile does not offer any exchange on items.
The return procedure is as follows: Within 14 days of the shipment of the goods, the customer is to notify brandmile via email to firstname.lastname@example.org about the reason of the return. brandmile at its sole discretion assesses the claim and, within 3 days, sends a confirmation email to the customer as the case may be. Subsequently, the customer shall send the items back to brandmile within 7 days from the receipt of the confirmation.
Shipment costs are borne by the customer unless the goods have been received by the customer in a condition which is not saleable.
Returns are only accepted for store credit. Any returns that do not adhere to our quality control check will not be accepted. Any items damaged, soiled or altered may not be accepted and will be sent back to the customer at the customer’s cost. No returns, refunds or exchanges will be accepted on accessories, beauty and fragrances, home decor, bedding, bags, hosiery, underwear, jewelry, leather goods, electronics, swimwear, lycra clothing, eyeglasses, sunglasses, wallets and watches.
Offer and Schemes/Voucher Redemption
brandmile reserves the right to change/modify/add/delete to the terms and conditions prevailing on the different promotional schemes (including but not limited to refer-a-friend and other types of vouchers). brandmile at any time at its sole discretion may withdraw a particular scheme from the Website/market.
The current "invite a friend" scheme is a promotion that allows the user to receive a credit of Rs 750 (“Credit”) with the successfully invited friend's completed purchase of goods on the Website. The Credit will only be added after the friend for whose successful invitation the user was credited made a valid purchase without returning the goods and without benefitting from any other promotion. Also, the Credit will be valid for two months following its credit to the user’s account and may not be used in conjunction with any other promotion. The Credit may be used only subject to a minimum purchase of RS 2,000 per purchase order.
brandmile reserves the right to prohibit inviting users from benefitting from the invite a friend scheme if that inviting user invites a person with the same shipping address, residential address or IP-address as the inviting user. Additionally, brandmile reserves the right to disallow the benefit of any promotion for any user, at its sole discretion. This will include but not be limited to such cases where users invite each other interchangeably at different email addresses or similar fraudulent schemes.
Survival of Terms after Agreement Ends
Notwithstanding any other provisions of these T&C, or any general legal principles to the contrary, any provision of these T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these T&C.
If any of these T&C are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time brandmile may offer special promotional offers which may or may not apply to the user's brandmile account. To avail of such promotional offers, the user agrees to be bound by any additional terms and conditions for these special offers which are laid down by brandmile. These T&C and the relationship between the user and brandmile will be governed by the applicable laws of India. Any disputes will be handled in the competent courts of India. The failure of brandmile to act with respect to a breach by the user or others does not waive its right to act with respect to subsequent or similar breaches. brandmile does not guarantee that it will take action against all breaches of these T&C. Except as otherwise expressly provided in these T&C, there shall be no third-party beneficiaries to these T&C. These T&C constitutes the entire agreement between the user and brandmile and governs the user's use of the Website, superseding any prior agreements between the user and brandmile with respect to the Website.