Terms of Service
Welcome to Fragmend! Please read these Terms carefully — they include important information about your legal rights. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use our Services.
Overview
The terms “we”, “us” and “our” refer to Fragmend. Fragmend operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Fragmend is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies referenced here (including our Privacy Policy), describe your rights and responsibilities when you use the Services.
1) Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. You may be asked to provide certain information (e.g., email address, billing, payment, and shipping information). You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
2) Our Products
We aim to represent our products and services accurately. However, colors or product appearance may differ on your device. We do not warrant that any product’s appearance or quality will meet your expectations. Descriptions and availability may change at any time without notice, and we may limit quantities or discontinue products at our discretion.
3) Orders
When you place an order, you make an offer to purchase. We may accept or decline your order at our discretion. Your order is accepted once we confirm acceptance and process payment. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after acceptance. If we do not accept, change, or cancel an order, we will attempt to notify you via the contact details provided at checkout.
Your purchases are subject to our Refund Policy. You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
4) Prices and Billing
Prices, discounts, and promotions may change without notice. The price charged is the price in effect at the time of order and will appear in your confirmation email. Prices do not include taxes, shipping, handling, customs, or import charges unless stated. You agree to provide current, complete, and accurate purchase, payment, and account information and to promptly update it as needed. You represent and warrant that you are authorized to use the payment method provided and will pay all charges due.
5) Shipping and Delivery
Delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Title and risk of loss pass to you when we transfer products to the carrier.
6) Intellectual Property
The Services and their contents (including trademarks, text, images, graphics, video, audio, design, and arrangement) are owned by Fragmend, its affiliates, or licensors and are protected by applicable laws. You may use the Services for personal, non-commercial use only. No rights are granted except as expressly provided. Fragmend and Shopify trademarks and all other marks are the property of their respective owners.
7) Optional Tools
We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. Your use of such tools is at your own risk and subject to the third party’s terms. New features may be added and will also be subject to these Terms.
8) Third-Party Links
The Services may contain third-party materials or links. We do not control and are not responsible for such content. Accessing third-party sites is at your own risk. Review the third party’s policies before engaging in any transaction.
9) Relationship with Shopify
Fragmend is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases are made directly with Fragmend. Shopify is not responsible for any aspect of sales between you and Fragmend. You expressly release Shopify and its affiliates from all claims arising from or related to your purchases and transactions with Fragmend.
10) Privacy Policy
Personal information we collect is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s privacy policy. Because the Services are hosted by Shopify, information you submit may be processed and stored by Shopify and service providers in other countries. Please review our Privacy Policy for details.
11) Feedback
If you submit feedback, ideas, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose. You represent that you have the necessary rights and that your Feedback complies with these Terms.
12) Errors, Inaccuracies & Omissions
From time to time there may be information in the Services that contains typographical errors or inaccuracies (e.g., product descriptions, pricing, promotions, shipping charges, transit times, availability). We reserve the right to correct or update information or cancel orders if any information is inaccurate at any time without prior notice.
13) Prohibited Uses
You may use the Services for lawful purposes only. You agree not to engage in prohibited conduct, including but not limited to: unlawful, infringing, harassing, defamatory, misleading, or malicious activity; transmitting spam or malware; scraping; or attempting to circumvent security features. We may suspend or terminate access for violations.
14) Termination
We may terminate this agreement or your access to the Services at any time without notice. Sections intended to survive termination will continue in effect (including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, and Privacy Policy).
15) Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED BY FRAGMEND, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. Some jurisdictions do not allow certain disclaimers; in such cases, the above may not apply to you.
16) Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FRAGMEND, SHOPIFY, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, SAVINGS, DATA, OR REPLACEMENT COSTS ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.
17) Indemnification
You agree to indemnify, defend, and hold harmless Fragmend, Shopify, and their affiliates, officers, employees, agents, contractors, licensors, and service providers from any claims or demands, including reasonable attorneys’ fees, arising out of your breach of these Terms, your violation of law or third-party rights, or your use of the Services.
18) Severability
If any provision of these Terms is unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted and the unenforceable portion will be deemed severed, without affecting the validity of the remaining provisions.
19) Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision shall not constitute a waiver. These Terms, together with any policies posted on the site, constitute the entire agreement between you and Fragmend regarding the Services and supersede prior agreements and communications.
20) Assignment
You may not assign these Terms or any rights or obligations without our prior written consent. We may assign or delegate these Terms without consent or notice.
21) Governing Law
These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction where Fragmend is headquartered. You and Fragmend consent to venue and personal jurisdiction there.
22) Headings
Headings are for convenience only and do not limit these Terms.
23) Changes to Terms
You can review the most current version of these Terms at any time on this page. We may update or replace parts of these Terms by posting changes to our website (we will notify you of material changes as required by law). Your continued use of the Services following changes constitutes acceptance.
24) Contact Information
Questions about these Terms should be sent to info@fragmend.in.
- Trading name: DIVINE VENTURES
- Email: info@fragmend.in
- Business address: Door No: 28/350, Kodampuzha, Farook College Post, Ramanattukara, Kozhikode, Kerala- 673632
- Phone: +91 77365 19496
- VAT / GST: 32AAYFD7878B1Z0
