Terms of Use

Last Updated: August 22, 2025

These Terms of Use (hereinafter referred to as the “Terms”) constitute a binding legal agreement between:

1. Mensa Brand Technologies Private Limited, a company incorporated under the laws of India (hereinafter referred to as the “Company”, “we”, “us”, or “our”, which expressions shall, unless repugnant to the context or meaning thereof, include its affiliates, including any group company of Mensa Brand Technologies Pte. Ltd.); and 

2. any natural or legal person accessing or using the Website (defined below) (hereinafter referred to as “you”, “your”, “Customer”, or “User”).

These Terms govern your access to and use of the Website available at [https://global.ishinfashions.com/] (the “Website”), including all current and future content, services, functionalities, and offers made available through or in connection with the Website, as well as any other purposes described herein (collectively, the “Services”).

Please read these Terms thoroughly. By accessing and using the Website, you confirm that you have read and understood the Terms and expressly agree to comply with and be bound by the Terms. If you do not agree with any of the Terms, please do not use the Website. 

Eligibility

The Services are intended only for individuals who can form legally binding contracts under applicable law. By accepting this agreement, you affirm that you are 18 years of age or above and are fully competent to enter into this agreement, and to abide by and comply with this agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Website under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the Terms.

Account Registration and Responsibilities

To access certain features on the Website, you may need to register for an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and restricting access to your account.

You agree to accept responsibility for all activities that occur under your account.

Products and Orders

All products listed on the Website are subject to availability. The product listings on the Website do not amount to an offer by us or a binding contract. The contract for purchase of any such product by you is concluded only when we explicitly confirm acceptance of your purchase order in writing by email or by display of an acceptance message on the Website.

We reserve the right to refuse or cancel any order at our discretion, including due to stock limitations, inaccuracies, errors in pricing, or suspicion of fraudulent activity.

Prices

The prices posted on the Website do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart when you place an order. All prices are in U.S. Dollars.

Prices for products on the Website are subject to change without notice. We reserve the right at any time to modify or discontinue any of our products or Services (or any part or content thereof) without notice at any time.

We may occasionally offer promotions on the Website that may affect pricing. These promotions may be governed by additional terms separate from these Terms (“Additional Terms”) which will supersede these Terms in case of a conflict.

Shipping, Delivery, Cancellations, and Returns

Please review the following policies carefully before placing an order:

We endeavour to ship our products across the United States and in select international locations. We work with leading logistics and delivery service providers to ensure that your order is delivered in a safe, reliable, and timely manner. Shipping and delivery of products are governed by our [Shipping Policy].

Cancellation, return, and refund requests are subject to our [Cancellation, Return & Refund Policy].

User Conduct

You agree not to use the Website for any unlawful or prohibited purpose, including but not limited to:

• Engaging in false or fraudulent transactions.  If an order of this type may reasonably be considered to have been placed, we shall be authorised to cancel it and inform the competent authorities;

• Uploading or transmitting viruses, malware, or harmful code;

• Violating intellectual property rights of the Company or third parties;

• Engaging in abusive, harassing, or defamatory conduct toward the Company, its employees, or other Users;

• uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

• impersonating any person or entity, including, but not limited to, falsely stating or otherwise misrepresenting your affiliation with a person or entity; 

• uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;

• copying, modifying, distributing, leasing, selling, or attempting to reverse engineer or extract any part of the Services’ software or source code without our express permission or authorisation under applicable law;

• collecting or storing personal data about other users in connection with the prohibited conduct and activities set forth above; and/or

• using the Website or Services for any reason for which the Website and Services are not intended.

Intellectual Property and Proprietary Rights

You agree that the intellectual property rights, including, but not limited to trademarks, patents, copyright and trade secrets pertaining to any part of the Website, products listed on the Website belong exclusively to us or our licensors, other than content that is owned by third parties. These rights include but are not limited to rights in all trademarks, trade names, service marks, other logos and brand features, product and service names displayed on the Website, as well as all software code, graphical elements and any other proprietary information. 

You shall not in any manner display, use, copy, reproduce, store, modify, transmit, distribute or otherwise infringe any of our intellectual property without our express permission in writing. You are hereby granted a limited, non-exclusive, non-transferable right to access and use the Website for personal, non-commercial purposes only.

Use of the Website does not give you the right to frame, use, or reproduce any of our copyrighted material, trademarks, service marks, or other proprietary rights or material, or to use any of our intellectual property.

Privacy

Your use of the Website is also governed by our [Privacy Notice], which explains how we collect, use, and share your personal information. If these Terms conflict with the Privacy Notice, the Privacy Notice will govern matters relating to your personal information.

Third-Party Links

The Website may display or provide links to other websites or resources (collectively, “Third-Party Links”). You acknowledge and agree that we are not responsible for the availability of such Third-Party Links, and do not represent or endorse, and are not responsible or liable for any content, advertising, products or other materials on or available from such Third-Party Links. 

You further acknowledge and agree that we 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 Third-Party Links. It is up to you to take precautions to ensure that whatever you select for your use or download from Third-Party Links is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the Third-Party Links, you do so entirely at your own risk. These Terms and the Privacy Notice do not apply to such Third-Party Links.

DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. WE PROVIDE THE WEBSITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, CONDITION, AVAILABILITY, RELIABILITY, CONTINUITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE WEBSITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS ON THE WEBSITE OR THE SERVICES WILL BE CORRECTED.

WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION, OR DISCONTINUANCE OF PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE. IN PARTICULAR, PLEASE NOTE THAT ALL PRODUCTS ON THE WEBSITE ARE SUBJECT TO AVAILABILITY AND MINOR DIFFERENCES IN COLOR AND/OR APPEARANCE FROM THE PRODUCT LISTING ON THE WEBSITE. NON-AVAILABILITY OF A PRODUCT OR MINOR DIFFERENCES OF COLOR AND/ OR APPEARANCE BETWEEN THE PRODUCT AS LISTED ON THE WENSITE AND AS DELIVERED TO YOU SHALL NOT RENDER US LIABLE IN ANY WAY, EXCEPT AS STATED IN THESE TERMS OR REQUIRED BY LAW.

Limitation of Liability and Indemnity

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S LIABILITY IN ALL EVENTS IS LIMITED TO THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT IN QUESTION. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, ARISING OUT OF YOUR USE OF THE SERVICES OR PURCHASES MADE THROUGH THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You will defend, indemnify, and hold harmless the Company and its affiliates, and their respective directors, officers, employees, representatives, contractors, and agents, from and against any loss, damage, judgment, settlement, expense, interest, and any other liability (including reasonable attorneys’ fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a “Claim”) to the extent such Claim is based on your use or misuse of the Website or Services in connection with: (i) an infringement of any patent, trademark, or copyright, including costs and expenses; (ii) any breach of these Terms; (iii) any unlawful, improper or negligent use by anyone of any product or service you purchased under these Terms; (iv) any dispute between you and a third party in connection with the Services or the Website; (v) your gross negligence or willful misconduct; (vi) violation of application laws. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

The Company uses third-party logistics providers and payment processors. We are not responsible for delays, service issues, or damages caused by such providers and processors. 

Force Majeure 

You agree that the Company shall not be held liable for any unavailability, delay or deficiency of the Services or delivery of products purchased through the Website that results, whether directly or indirectly, from events that could not reasonably have been anticipated or controlled by the Company. Such events include but are not limited to, acts of God, floods, earthquakes, storms, fires, explosions, lightning strikes, power failures, diseases, epidemics, pandemics, failure of telecommunication or internet services, acts of government, and orders of any court or authority of competent jurisdiction.

Governing Law and Jurisdiction

These Terms are governed by the laws of India. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Bengaluru, India.

In the unlikely event that a disagreement arises between you and the Company, prior to initiating any lawsuit, you must first contact the Company at global@ishinfashions.com so that we may work in good faith to find a mutually agreeable solution.

Termination

We may, without prior notice and without any liability, immediately terminate, limit your access to, or suspend your access to the Website for any reason. Cause for such termination, limitation of access or suspension shall include, but not be limited to: (i) breaches or violations of these Terms; (ii) requests by law enforcement or other government agencies; (iii) discontinuance or material modification to the Websites or Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) engagement by you in fraudulent or illegal activities, and/or (vii) non-payment of any fees or other monetary liability owed by you in connection with the Services.

To the fullest extent permitted by applicable law, you further agree that we shall not be liable to you or any third party for any termination of your access or use of the Services. Upon termination, all rights and obligations under these Terms automatically terminate except for rights of action occurring prior to termination, payment obligations, and other clauses which by nature would survive the termination. YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES IN RELATION TO YOUR USE OF THE WEBSITE OR SERVICES.

Entire Agreement

These Terms constitute the exclusive and complete agreement between the Company and you. We will not be bound by any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms or which may be in any order, receipt, acceptance, confirmation, correspondence, or other document, including informational forms we complete, sign, or otherwise provide to you for your convenience.

Assignment

You may not assign these Terms without our prior written consent. Subject to that restriction, these Terms will be binding on, inure to, and be enforceable against the parties and their respective successors and permitted assigns.

Severability 

The provisions of these Terms are severable. If any provision is deemed unlawful, void, or for any reason held unenforceable, such provision shall be severed and shall not affect the enforceability of the remaining provisions of these Terms.

Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Feedback

If you make any suggestions about the Services or the features (including any related technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner without any compensation owed to you.

Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. The revised Terms will be posted on the Website with the “Last Updated” date. Continued use of the Website constitutes acceptance of the updated Terms.

Notices

You consent to receive communications from us electronically, including through e‑mails, text messages, in-app push notices, notices and messages posted on the Services or in your Account, and other communications made available to you (subject to your opt-out option) as set forth in the Privacy Notice. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may also send you notices at the address provided when registering your Account, which you agree is a proper and valid address for any legal or contractual purpose.

Contact 

You may contact us at global@ishinfashions.com  with any questions regarding these Terms