Terms and Conditions

Terms of Use

The website located at gentlemelons.com (the “Site”) belongs to AAKCSYCO Online Services Pvt Ltd. (“AAKCSYCO, Gentlemelons”, “we” or “us”). As provided below, Gentlemelons grants you the right to use the Site, our software applications, including without limitation Gentlemelons (collectively “Software,”), and services provided through the Site or Software (together, the “Service”), subject to the terms and conditions of use (“Terms of Service”) set forth below. The term “you” refers to the person visiting the Site. We Gentlemelons, bring to you an exclusive garments exclusively designed  by young team of Gentlemelons As our business grows and we add new functionality to the Services, we may revise these Terms at any time and without giving you prior notice. Your acceptance of these Terms (including revised Terms through your continued access and use of the Services), along with other terms and conditions, policies and disclaimer of Gentlemelons / AAKCSYCO, constitute a valid and binding agreement between you and Gentlemelons / AAKCSYCO. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING “ACCEPT” OR ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICE. BY ACCEPTING THESE TERMS OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (TOGETHER, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have permission to use the Service. THE SERVICE IS AVAILABLE TO GENTLEMELONS USERS IN INDIA.AND ABROAD Unless you are a consumer located in a jurisdiction that prohibits the exclusive use of arbitration for dispute resolution, these Terms provide that all disputes between you and Gentlemelons will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge

1. Use of the Website:

The Website is intended only to allow you to browse, view and buy the products listed on our website. You may not access or use the website for any other purpose. You may use the website, including any products presented to you on or by the Service, or otherwise hosted or stored by Gentlemelons for you, only for lawful and appropriate purposes on your own behalf, and subject to your full compliance with these Terms and any other guidelines and policies applicable to the website/products which Gentlemelons may post from time to time.

2. Eligibility:

You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations in your local jurisdiction. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

3. Accounts and Registration:

To access most features of the Website, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself including but not limited to personal information such as your name, email address, password, gender, height and birthdate. You may choose to provide additional information to us. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. Based on the information provided by you, we might send you notifications, emails and/or sms alerts. You shall not hold us liable for any expenses or loss that you might incur resulting in considering our notifications, emails and/or sms alerts. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at hello@gentlemelons.com Your account may automatically expire following any period of inactivity associated with your account in excess of six (6) consecutive months.

4. Payment:

Access to the Service and buying a product, may require you to pay consideration amount. Before you pay any consideration for the product, you will have an opportunity to review and accept the consideration that you will be charged. All consideration are non-refundable, to the fullest extent permitted under applicable law. If Gentlemelons changes the consideration amount for the product, including by adding additional fees or charges, Gentlemelons will provide you advance notice of those changes. If you do not accept the changes, Gentlemelons may cancel your order. Gentlemelons will charge the payment method you specify at the time of purchase. You authorize Gentlemelons to charge all sums as described in these Terms, for the product you select, to that payment method. Gentlemelons does not collect or store financial account information as mentioned in the Privacy Policy. In the event of any dispute regarding charges of any product, Gentlemelons shall have the right to recover the said disputed amount from you and you shall not object to the same.

5. License:

Gentlemelons owns and operates the Service. The documents and other information and content available on the Product (the “Site Content”) are protected by Intellectual Property Laws. All copyright and other proprietary notices on any Site Content must be retained on any copies made thereof. Any unauthorized reproduction, modification, distribution, public display or public performance of any Site Content is strictly prohibited. Gentlemelons and its suppliers reserve all rights not granted in these Terms. Subject to the restrictions set forth in these Terms, Gentlemelons grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the website on devices that you own or control, solely for use with the Services. By using our website, you:

  • Acknowledge that the website is licensed, not sold to you; and
  • Acknowledge that third party terms and fees may apply to the use and operation of your device in connection with your use of the website.

6. User Representations and Warranties:

Gentlemelons and Gentlemelons users represent, warrant, and covenant to Gentlemelons that you are a resident of India.

All users represent, warrant and covenant to Gentlemelons that (1) these Terms have been executed and delivered by you and constitute a valid and binding agreement with you, enforceable against you in accordance with their terms; (2) if you are using the Service on behalf of another entity, you are an authorized representative of the entity and have the authority and agree to bind the entity to these Terms; (3) you will not access or use the Service except as expressly permitted by these Terms and any additional instructions, guidelines or policies issued by Gentlemelons, including those posted in the Service; (4) you will access and use the Service in full compliance with applicable law; and (5) all of the information, data and other materials provided by you in support of your account registration are accurate and truthful in all respects.

6. Prohibited Conduct:

BY USING THE SERVICE YOU AGREE NOT TO:

  • use or access the website (a) for any illegal purpose, or (b) in violation of any local, state, national, or international law;
  • conduct activities that may be harmful to others or that could damage Gentlemelons’s reputation
  • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or disclosing personal information about another person;
  • post, upload, or distribute marketing or advertising links or content, or any other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  • interfere with security-related features of the website, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the website, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
  • interfere with the operation of the website or any user’s enjoyment of the website, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; or (c) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
  • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation;

7. Third-Party Services and Linked Websites:

The Site may contain links to other web sites operated by third parties. Such third-party web sites are not under the control of Gentlemelons and we are not responsible for the content of any third party web site or any link contained in a third party web site. Gentlemelons provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.

8. Termination of Use and Discontinuation:

You may terminate your account at any time by following the procedures detailed on the Gentlemelons website or contacting customer service at support@Gentlemelons.co.in. If you violate any provision of these Terms, your permission from us to use the website will terminate automatically. In addition, Gentlemelons may in its sole discretion terminate your user account on the website or suspend or terminate your access to the website at any time if you violate any provision of these Terms. We also reserve the right to modify or discontinue the website at any time (including by limiting or discontinuing certain features of the website), temporarily or permanently, without notice to you. To the fullest extent permitted under applicable law, we will have no liability on account of any change to the website or any suspension or termination of your access to or use of the website. Upon the termination of your account or this agreement for any reason, Gentlemelons may at its option delete any data associated with your account. All eligible refunds against cancellation or Returns of Orders will be subject to deduction of 5% transaction fee of the product price paid, to cover Banking Transaction charges and surcharges. Additionally, Gentlemelons will deduct Rs.200/- to cover shipping and handling charges and the balance would be refunded to you. By requesting a refund the company is given to understand that you agree to the charges and terms set forth herewith. All refunds will be completed within 7 to 21 working days via a reversal or payment to your account or via cheque, depending on the current circumstances as determined by Gentlemelons. The cost for returning the package must be borne by you. The above policy is subject to change without any prior notice at the discretion of the company.

9. Privacy Policy:

Please read the Privacy Policy (“Privacy Policy”) carefully for information relating to our collection, use, storage and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms. You consent to the collection, use, disclosure and other processing or handling of your personal information (including sharing data with third party providers) as described in the Privacy Policy.

10. Modifications to these Terms:

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations (“Material Modifications”), we will notify you of the modified Terms by email to the address you provided in your user profile or on the Gentlemelons website that you are using. Material Modifications will be effective upon your acceptance of such modified terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your sole and exclusive remedy if you do not agree with any modification to these Terms is to cancel your account. You may not amend or modify these Terms under any circumstances.

11. Ownership; Proprietary Rights:

The Service is owned and operated by Gentlemelons/AAKCSYCO. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Gentlemelons are protected by intellectual property and other laws. All Materials included in the Service are the property of Gentlemelons or our third-party licensors. Except as expressly authorized by Gentlemelons, you may not make use of the Materials. Gentlemelons reserves all rights to the Materials not granted expressly in these Terms.

12. Subcontractors:

You hereby consent to Gentlemelons’s engagement of third parties (including Gentlemelons’s affiliates) to perform, or support the performance of, all or any portion of the Gentlemelons website.

14. Feedback:

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback””), then you hereby grant Gentlemelons an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

15. Indemnity:

To the fullest extent permitted under applicable law, you are responsible for your use of the website and the products offered, and you will indemnify, hold harmless, and, if so directed by Gentlemelons, defend Gentlemelons/AAKCSYCO and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Gentlemelons Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the website; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; and (e) all claims arising from or alleging fraud, intentional misconduct, criminal acts, or gross negligence committed by you. To the fullest extent permitted under applicable law, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

16. Disclaimers; No Warranties:

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE GENTLEMELONS ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE WEBSITE, AND ANY SOFTWARE OR HARDWARE ASSOCIATED OR USED WITH THE WEBSITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE; NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GENTLEMELONS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE WEBSITE, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE WEBSITE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE WEBSITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

17. Limitation of Liability:

IN NO EVENT WILL THE GENTLEMELONS ENTITIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY GENTLEMELONS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. FOR THE AVOIDANCE OF DOUBT, THE EXCLUDED DAMAGES ALSO INCLUDE WITHOUT LIMITATION, LOSS OF SAVINGS OR REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF LIFE OR HEALTH, THE CLAIMS OF THIRD PARTIES; AND ANY COST OF ANY PRODUCTS. IF GENTLEMELONS CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, THEN THE AGGREGATE LIABILITY OF GENTLEMELONS ENTITWLS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO BUY THE PRODUCT. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Force Majeure:

Gentlemelons will be excused from performance under these Terms for any period that it is prevented from or delayed in performing any obligations pursuant to these Terms, in whole or in part, as a result of a Force Majeure Event. To the fullest extent permitted under applicable law, for purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (3) quarantines or embargoes, (4) labour strikes; (5) telecommunications, network, computer, server or Internet downtime; (6) unauthorized access to Gentlemelons’s information technology systems by third parties; or (7) other causes beyond the reasonable control of Gentlemelons.

19. Governing Law and Competent Courts:

To the fullest extent permitted pursuant to applicable law, these Terms are governed by the laws of the India without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and Gentlemelons agree to submit to the personal and exclusive jurisdiction of the courts of Mumbai for the purpose of litigating any dispute.

20. General:

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Gentlemelons regarding your use of the website and products offered on website. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent, which may be granted or withheld at Gentlemelons’s sole discretion. Any attempted assignment by you without such consent shall be null and void. We may assign these Terms at any time without notice or consent, to the fullest extent permitted under applicable law. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

21. Dispute Resolution and Arbitration:

Generally to the fullest extent permitted under applicable law and in the interest of resolving disputes between you and Gentlemelons in the most expedient and cost effective manner, you and Gentlemelons agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. The place of Arbitration shall be Mumbai.

22. Contact Information:

The products are offered by Gentlemelons. You may contact us by emailing us at hello@gentlemelons.com