Terms of Use

1. INTRODUCTION

  1. This document serves as an electronic record in accordance with the (i) Information Technology Act, (ii) relevant applicable rules, and (iii) the amended provisions concerning electronic records in various statutes as updated by the Information Technology Act, 2000. This electronic record is generated automatically by a computer system and does not require physical or digital signatures.
  2. This document is published as per Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the publication of the Terms of Use, Privacy Policy, and Rules and Regulations governing the access and usage of www.thedisobedience.com 
  3. The Website is owned, registered, and operated by Disobedience OPC Pvt. Ltd. , a private limited company incorporated under the Companies Act, 2013, with its registered office in Chennai.
  4. These Terms of Use ("Terms") govern the usage of the Website and the services offered. By accessing or using the Website and its content, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
  5. In these Terms, references to "You," "Your," "Customer," or "User" refer to any individual or legal entity using the Website to access the services. References to "We," "Us," or "Our" refer to the Company. 
  6. We reserve the right to update these Terms at any time. Any changes will take effect immediately upon being posted on the Website. Your continued use of the Website and services implies acceptance of the revised Terms. You are encouraged to review the latest version periodically.

 

2. SERVICES

  1. The Website allows Customers to purchase customized shoes tailored to their preferences.
  2. The Website features a three-dimensional platform ("3-D Studio") that enables Customers to personalize their shoes. Using this tool, Customers can select materials, designs, finishes, and accessories before submitting their order.
  3. Once an order is placed, the Company will manufacture the shoes based on the provided specifications and deliver them upon receipt of payment.
  4. Order acceptance and delivery are subject to compliance with these Terms.
  5. Definitions:

"Applicable Law" refers to any law, statute, regulation, rule, judgment, or directive issued by an authority with jurisdiction over the matter.

"Authority" denotes any governmental, regulatory, administrative, or judicial body in India that enforces applicable laws.

"User Account" refers to the personal account created by a User on the Website.

 

 

3. REPRESENTATIONS AND WARRANTIES

1. Company Representations:

We are a legally registered private limited company under the Companies Act, 2013.

We comply with all applicable laws governing the provision of our services.

We adhere to our Privacy Policy and ensure the security of user data.

2. Customer Representations:

The Customer is a competent individual or legal entity who has read, understood, and agreed to these Terms.

The Customer provides accurate and truthful information during registration.

The Customer agrees to fulfill payment obligations for services and products purchased.

The Customer acknowledges that minor differences may exist between product images and actual products and will not request returns, replacements, or alterations based on such minor variations.

 

4. DISCLAIMER OF LIABILITY FOR USE OF PRODUCTS

By purchasing and using Disobedience heeled footwear, you acknowledge and agree to the following: 

  1. Assumption of Risk: Heeled shoes inherently carry risks of instability, tripping, falls, or related injuries due to their design, height, and construction. You voluntarily assume all risks associated with wearing these products, including but not limited to bodily injury, sprains, fractures, or other harm. 
  2. Proper Use: Our shoes are designed for fashion purposes and are not intended for athletic activities, prolonged standing, or use on uneven, slippery, or hazardous surfaces.Users must exercise caution, ensure proper fit, and assess their physical ability to safely wear high heels.Disobedience is not responsible for injuries resulting from misuse, neglect of safety precautions, or failure to follow reasonable care guidelines.
  3. Release of Liability: To the fullest extent permitted by law, Disobedience disclaims all liability for incidental, consequential, or punitive damages arising from the use of our products, including injuries caused by trips, falls, or instability related to wearing high heels.
  4. Compliance with Safety Standards: Our products meet applicable safety and quality standards, but no footwear can eliminate all risks associated with high-heel use.
  5. Health Conditions: Customers with pre-existing medical conditions affecting balance, mobility, or joint health should consult a physician before use.
  6. Modifications and Third-Party Sales: This disclaimer does not apply to products altered after purchase or sold through unauthorized third parties.

 

5. INTELLECTUAL PROPERTY RIGHTS 

1. Copyright

  • All content available on the Website, including but not limited to text, graphics, logos, designs, photographs, button icons, and data compilations, is the exclusive property of the Company and is protected under applicable intellectual property laws. Unauthorized reproduction or use of this content without the Company’s explicit written consent is prohibited. You agree not to decompile, reverse-engineer, or alter any content available on the Website, nor insert any code or manipulate the content in any manner that affects user experience. Additionally, the use of data mining, extraction, or similar tools is strictly prohibited. The Company reserves the right to terminate access to the Website for any user found violating this clause. 
  • The content provided by the Company on the Website is made available solely for personal use. It may not be copied, reproduced, distributed, transmitted, displayed, sold, licensed, or used for any commercial purpose without prior written permission from the Company. All rights not expressly granted are reserved by the Company.

2. Trademarks

The domain www.thedisobedience.com and all associated graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress owned by the Company. These trademarks and trade dress may not be used, reproduced, or modified without prior written approval from the Company. Any unauthorized use that may cause confusion among users, dilute the Company’s rights, or disparage or misrepresent the Company is strictly prohibited.

3. License and Warranty for User Submissions

  • Any content or information you provide to the Company remains your property. However, by submitting content, you grant the Company a non-exclusive, irrevocable, worldwide, perpetual, and royalty-free license to use, modify, distribute, publish, analyze, and commercialise the content in any manner, now or in the future, without further notice or compensation.
  • You acknowledge that any content you submit is provided at your own risk. By submitting content, you warrant that you have the necessary rights to do so and that it does not violate any applicable laws, contractual obligations, or third-party rights, including intellectual property rights.

 

6. PAYMENT TERMS 

  1. Payments for orders placed on the Website are processed through a third-party payment gateway operated by Razorpay Software Private Limited. Customers can make payments via Net Banking, Debit Cards, Credit Cards, or any other methods provided by Razorpay.
  2. The Customer acknowledges that all payment-related terms, conditions, and issues, including authorization, transaction failures, or fraudulent activities, are governed separately by agreements between the Customer, their respective banks, and Razorpay. The Company holds no responsibility for any payment-related disputes.
  3. Company shall not be liable for any losses arising directly or indirectly due to: (a) Unauthorized transactions, (b) Payment issues arising from the transaction, or (c) Transaction failures for any reason.
  4. The payment facility provided by the Company is a facilitation service and not a banking or financial service. By providing this facility, the Company does not act as a trustee or in a fiduciary capacity concerning customer payments.

 

7. CANCELLATION POLICY

  1. Customers may cancel an order within 24 hours of placement by submitting a cancellation request.
  2. Upon approval, the Company will process a full refund within 7-10 business days.
  3. If the cancellation request is made after the specified period, the Customer will not be eligible for a refund. However, the amount paid will be converted into Store Credits or a Credit Note, which can be used for future purchases on the Website.

 

8. REPAIR, REPLACEMENT, AND RETURN POLICY 

  1. The Company accepts return requests only if the delivered shoes are: (a) Damaged upon arrival, or (b) Different from the order placed.In such cases, the Company will repair or replace the shoes at no extra cost within 7-10 business days upon receiving the return request along with photographic evidence.
  2. The Company does not issue refunds for returned products. Instead, Store Credits or a Credit Note equivalent to the purchase value will be issued, which can be used for future orders.
  3. If the Customer is dissatisfied with the size, color, texture, material, or design of the received product, they may email [support@thedisobedience.com] with their complaint. Upon review, the Company will provide a resolution method that aligns with the Customer’s requirements.
  4. Once a resolution is agreed upon, the Company will arrange for the product pickup. The equivalent value will be credited to the Customer’s account in the form of Store Credits or a Credit Note.
  5. Upon receiving the returned product, the necessary alterations will be made as per the Customer’s request. The costs for such alterations will be deducted from the Store Credits or Credit Note balance. 
  6. If the requested modifications exceed the available Store Credits or Credit Note value, an additional invoice will be issued. The Customer must clear the additional payment before the altered/repaired/replaced product is dispatched.

 

9. STORE CREDITS POLICY

  1. Store Credits are non-transferable and cannot be sold.
  2. Store Credits are allocated to a User’s account only upon the acceptance of a returned product by the Company.
  3. Store Credits can be used to purchase gift cards or vouchers, subject to the Company’s offerings.
  4. Store Credits do not expire unless the User’s account is deactivated.

 

10. ORDER DELIVERY

The Company will cover all costs related to delivering orders placed by Customers within India.

 

11. FRAUDULENT AND UNAUTHORISED ACTIVITIES

You may access the Website and use the Services only for lawful purposes. You are solely responsible for understanding and complying with all applicable laws, regulations, and rules related to your use of the Services. By using the Website, you agree not to: 

  • Disrupt or interfere with the ability of others to access and use the Services.
  • Obstruct the normal flow of communication or engage in any conduct that negatively impacts the experience of other Users.
  • Misrepresent your affiliation with any individual, business, institution, or organization unless explicitly authorized.
  • Tamper with or disrupt the functionality of the Services, servers, or networks connected to the Website, or violate any related policies or regulations.
  • Upload, post, or transmit any content containing viruses, malware, Trojan horses, or other harmful code.
  • Attempt to gain unauthorized access to any hardware, software, or network associated with the Website or obtain services or information not intentionally provided to you.
  • Try to access another User's account or interfere with their use of the Website.
  • Provide false or misleading information when using the Website, including using inaccurate names, email addresses, or other identifying details.

You must ensure that all information provided is accurate and up-to-date.

 

12. THIRD-PARTY WEBSITE LINKS

  1. The Website may contain links to third-party websites ("Linked Sites") that are not under our control. The Company is not responsible for the content, updates, or links provided on such Linked Sites. 
  2. We do not assume responsibility for any transmissions received from Linked Sites. These links are provided solely for convenience and do not imply our endorsement of the Linked Sites or their operators. 
  3. When accessing Linked Sites, you will be subject to their terms of use, privacy policies, and other governing policies. The Company is not liable for any damages, losses, or issues arising from your use or reliance on content, products, or services available on Linked Sites.

 

13. LIMITATIONS AND DISCLAIMER OF LIABILITY

The Website and Services are provided on an "as is" basis without any express or implied warranties. To the fullest extent permitted under Indian law, the Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  

  1. The Company makes no representations regarding the accuracy, reliability, or outcomes of using the Website and its Services. The content provided is for general information and is subject to change without prior notice.  
  2. Under no circumstances shall the Company be liable for any direct, indirect, incidental, or consequential damages, including but not limited to loss of data or profit, arising from the use or inability to use the Website or Services. 
  3. If you are dissatisfied with the Website, your sole remedy is to terminate these Terms of Use as outlined in Clause 13. 
  4. The Company does not guarantee uninterrupted or error-free operation of the Services. Service interruptions may occur due to maintenance, system updates, or network failures. The Company will notify Users when possible but assumes no liability for service delays. 
  5. We reserve the right to modify or amend these terms at any time, and Users will be bound by such changes once they are posted on the Website. 
  6. The Company is not responsible for any damages arising from the negligence or misconduct of third-party service providers, including payment gateway and logistics service providers engaged for processing and delivering orders.

 

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and partners from any claims, damages, losses, costs, or expenses (including legal fees) arising from:  

(a) Your failure to comply with these Terms of Use; 

(b) Any content you submit, email, or transmit that violates third-party rights or applicable laws; 

(c) Your use of the Services that results in any third-party claim or legal liability.

The Company reserves the right to assume exclusive defense in any such matters, and you agree to cooperate fully with such defense efforts.

 

15. TERMINATION 

  1. The Company reserves the right to terminate these Terms of Use immediately, without prior notice, if You breach any provisions outlined herein or violate any applicable policies published on the Website, or in the event of misuse of the Services by You.
  2. You may terminate these Terms of Use at any time, with or without reason, by providing notice to the Company in accordance with this clause.
  3. Upon termination or expiration of these Terms of Use, the following provisions shall remain in effect: intellectual property rights, indemnification, disclaimers of warranties and limitations of liability, fraud or misconduct, and this termination clause.
  4. You acknowledge and agree that, upon termination of these Terms of Use, the Company may delete all information associated with Your use of the Services.

 

16. SEVERABILITY

If any provision of these Terms of Use is found to be invalid or unenforceable under the applicable laws of India, including but not limited to warranty disclaimers and liability limitations, such provision shall be replaced with a valid and enforceable provision that closely aligns with the intent of the original. The remainder of these Terms of Use shall continue to remain in full force and effect.

 

17. GENERAL

  1. Unless otherwise specified, these Terms of Use and the Privacy Policy constitute the entire agreement between You and the Company regarding the Services and supersede any prior written or verbal agreements. The Company’s failure to enforce any provision or act upon a breach by You or any other user shall not be deemed a waiver of its rights to enforce such provisions in the future.
  2. The Website collects, processes, and stores Your information in accordance with its Privacy Policy. By using the Website and providing Your information, You consent to its collection and use in compliance with the Website’s Privacy Policy.

 

18. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed and interpreted in accordance with the applicable laws of India, without regard to conflict of law principles. Any disputes arising from or related to these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Chennai, India.