Terms & Conditions

 MYFESHENI: TERMS OF USE
Welcome to Myfesheni. This document is an electronic record in terms of Information Technology for
Myfesheni marketplace platform - www.myfesheni.com (hereinafter referred to as "Platform")
Your use of the Myfesheni and services and tools are governed by the following terms and conditions
("Terms of Use") as applicable to the Myfesheni including the applicable policies which are incorporated
herein by way of reference. By mere use of the Myfesheni, You shall be contracting with Myfesheni
Designs and the Platform. These terms and conditions including the policies constitute Your binding
obligations, with Myfesheni.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any
natural or legal person who has agreed to become a buyer on Platform by providing data while
registering on the Platform as Registered User. The term "Myfesheni","We","Us","Our" shall mean
Myfesheni platforms and its owners.
When You use any of the services provided by Us through the Platform, including but not limited to,
(e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and
conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of
Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole
discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any
prior written notice to You. You shall ensure to review these Terms of Use periodically for
updates/changes. Your continued use of the Platform following the posting of changes will mean that
You accept and agree to the revisions. As long as You comply with these Terms of Use, we grant You a
personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly
or expressly accepting these Terms of Use, you also accept and agree to be bound by Myfesheni Policies
including but not limited to Privacy Policy as amended from time to time.
1. User Account, Password, and Security:
If You use the Platform, you shall be responsible for maintaining the confidentiality of your Display
Name and Password and You shall be responsible for all activities that occur under your Display Name
and Password. You agree that if You provide any information that is untrue, inaccurate, not current or
incomplete, we shall have the right to indefinitely suspend or terminate or block access of your
membership on the Platform.
You agree to
 immediately notify Myfesheni of any unauthorized use / breach of your password or account
and
 ensure that you exit from your account at the end of each session.
2. Services Offered:
Myfesheni provides a number of Internet-based services through the Platform. One such Service enables
Users to purchase original merchandise such as clothing, footwear and accessories from various fashion
and lifestyle brands (collectively, "Products"). The Products can be purchased through the Platform
through various methods of payments offered. The sale/purchase of Products shall be additionally

governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. It is
clarified that at the time of creating a return request, users are required to confirm (via a check box
click) that the product being returned is unused and has the original tags intact. If the product returned
by the user is used, damaged or if the original tags are missing, the user’s return request shall be
declined, and the said product shall be re-shipped back to the customer. In the event that the return
request is declined, the user shall not be eligible for a refund, and Myfesheni assumes no liability in this
regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the
user shall continue to be not eligible for a refund, and Myfrsheni assumes no liability with respect to the
return or refund for the said re-shipped product. In addition, these Terms of Use may be further
supplemented by Product specific conditions, which may be displayed with that Product.
Myfesheni does not warrant that Product description or other content on the Platform is accurate,
complete, reliable, current, or error-free and assumes no liability in this regard.
3. Platform for Transaction and Communication:
The Users utilize to meet and interact with one another for their transactions on the Platform. Myntra is
not and cannot be a party to or control in any manner any transaction between the Myfesheni's Users.
Henceforward:
 All commercial/contractual terms are offered by and agreed to between Buyers and Sellers
alone. The commercial/contractual terms include without limitation price, shipping costs,
payment methods, payment terms, date, period and mode of delivery, warranties related to
products and services and after sales services related to products and services. Myfesheni does
not have any control or does not determine or advise or in any way involve itself in the offering
or acceptance of such commercial/contractual terms between the Buyers and Sellers.
 Myfesheni does not make any representation or Warranty as to specifics (such as quality, value,
salability, etc) of the products or services proposed to be sold or offered to be sold or purchased
on the Platform.
 Myfesheni is not responsible for any non-performance or breach of any contract entered into
between Buyers and Sellers. Myfesheni cannot and does not guarantee that the concerned
Buyers and/or Sellers will perform any transaction concluded on the Platform.
 At no time shall Myfesheni hold any right, title or interest over the products nor shall Myfesheni
have any obligations or liabilities in respect of such contract entered into between Buyers and
Sellers.
 The Myfesheni is only a platform that can be utilized by Users to reach a larger base to buy and
sell products or services. Myfesheni is only providing a platform for communication and it is
agreed that the contract for sale of any of the products or services shall be a strictly bipartite
contract between the Seller and the Buyer. At no time shall Myfesheni hold any right, title or
interest over the products nor shall Myfesheni have any obligations or liabilities in respect of
such contract. Myfesheni is not responsible for unsatisfactory or delayed performance of
services or damages or delays as a result of products which are out of stock, unavailable or back
ordered.

 Pricing on any product(s) as is reflected on the Platform may due to some technical issue,
typographical error or product information published by seller may be incorrectly reflected and
in such an event seller may cancel such your order(s).
 You release and indemnify Myfesheni and/or any of its officers and representatives from any
cost, damage, liability or other consequence of any of the actions of the Users of the Myfesheni
and specifically waive any claims that you may have in this behalf under any applicable law.
Notwithstanding its reasonable efforts in that behalf, Myfesheni cannot take responsibility or
control the information provided by other Users which is made available on the Platform.
4. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the
following binding principles:
 You shall not host, display, upload, modify, publish, transmit, update or share any information
which:
o belongs to another person and to which You do not have any right to
o is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or gambling, or
otherwise unlawful in any manner whatever
o is misleading in any way
o involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or
"spamming"
o promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libellous
o infringes upon or violates any third party's rights including, but not limited to,
intellectual property rights, rights of privacy (including without limitation unauthorized
disclosure of a person's name, email address, physical address or phone number) or
rights of publicity
o contains restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page)
o provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses
o contains video, photographs, or images of another person (with a minor or an adult).
o tries to gain unauthorized access or exceeds the scope of authorized access to the
Platform or to profiles, blogs, communities, account information, bulletins, friend
request, or other areas of the Platform or solicits passwords or personal identifying
information for commercial or unlawful purposes from other users

o interferes with another USER's use and enjoyment of the Platform or any other
individual's User and enjoyment of similar services
o infringes any patent, trademark, copyright or other proprietary rights or third party's
trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the
sale of counterfeit or stolen products
o violates any law for the time being in force
o threatens the unity, integrity, defense, security or sovereignty of Kenya, friendly
relations with foreign states, or public order or causes incitement to the commission of
any cognizable offence or prevents investigation of any offence or is insulting any other
nation
o shall not be false, inaccurate or misleading
o shall not create liability for Us or cause Us to lose (in whole or in part) the services of
Our internet service provider ("ISPs") or other suppliers

 A User may be considered fraudulent or loss to business due to fraudulent activity if any of the
following scenarios are met:
o Users doesn't reply to the payment verification mail sent by Myfesheni
o Users fails to produce adequate documents during the payment details verification
o Misuse of another User’s phone/email
o Users uses invalid address, email and phone no.
o Overuse of a voucher code
o Use of a special voucher not tagged to the email ID used.
o Users returns the wrong product
o Users refuses to pay for an order
o Users involved in the snatch and run of any order
o Miscellaneous activities conducted with the sole intention to cause loss to
business/revenue to Myfesheni
o User with excessive returns
o Repeated request for monetary compensation for fake/used order
 Myfesheni may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under certain
criteria at any stage of the product delivery. An order can be classified as 'Bulk Order'/'Fraud
Order' if it meets with the below mentioned criteria, and any additional criteria as defined by
Myfesheni:
o Products ordered are not for self-consumption but for commercial resale

o Multiple orders placed for same product at the same address, depending on the product
category.
o Bulk quantity of the same product ordered
o Invalid address given in order details
o Any malpractice used to place the order
o Any promotional voucher used for placing the 'Bulk Order' may not be refunded
o Any order paced using a technological glitch/loophole.
 Myfesheni does not facilitate business to business transaction between Sellers and business
customers. You are advised to refrain from transacting on the Platform.
 You shall not use the Platform for any unlawful and fraudulent purposes, which may cause
annoyance and inconvenience and abuses any policy and rules of the company and interrupt or
causes to interrupt, damages the use by other Users of Myfesheni.
 You shall not use any false e-mail address, impersonates any person or entity, or otherwise
misleads Myfesheni by sharing multiple address and phone numbers or transacting with malaise
intentions.
 We on certain landing page even allow our Users to experience free exchange of ideas and
observations regarding interest in the field of fashion, including ‘viewing user generated
content’ and/or ‘videos’ and ‘posting comments’. By accessing, viewing and/or posting any user
generated content to any specific dedicated page on the Platform, you accept and consent to
the practices described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any other
terms of prescribed by the Myfesheni on the Platform. You agree and undertake that when
accessing, viewing and/or posting any user generated content on these pages You will not
imitate, abuse, harass, any Customer/User or violate and exploit, any of these ‘Terms of Service’
of the Platform.
 You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Platform or any Content, to obtain
or attempt to obtain any materials, documents or information through any means not purposely
made available through the Platform. We reserve Our right to bar any such activity.
 You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or
any other systems or networks connected to the Platform or to any server, computer, network,
or to any of the services offered on or through the Platform, by hacking, password "mining" or
any other illegitimate means.
 You may not pretend that You are, or that You represent, someone else, or impersonate any
other individual or entity

 From time to time, You shall be responsible for providing information relating to the products or
services proposed to be sold by You. In this connection, you undertake that all such information
shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of
such products or services so as to mislead other Users in any manner.
 You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or
sell any products or services, including, but not limited to, products or services related to that
being displayed on the Platform or related to us.
 The Content posted does not necessarily reflect Myfesheni views. In no event shall Myfesheni
assume or have any responsibility or liability for any Content posted or for any claims, damages
or losses resulting from use of Content and/or appearance of Content on the Platform. You
hereby represent and warrant that You have all necessary rights in and to all Content which You
provide and all information it contains and that such Content shall not infringe any proprietary
or other rights of third parties or contain any libelous, tortious, or otherwise unlawful
information.
 Myfesheni hereby disclaims any guarantees of exactness as to the finish, appearance, size, color
etc., of the final Product as ordered by the User. Myfesheni Return & Exchange Policy offers you
the option to return or exchange items purchased on Myfesheni within the return/exchange
period (Please read the Product Detail Page to see the number of days upto which a product can
be returned/exchanged, post-delivery). In case of return or exchange of the purchased item,
please refer to the "Return and Exchange Policy".
 Myfesheni may unilaterally terminate Your account on any event as mentioned in the Terms Of
Use under the point no. 4.
5. Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos and artwork
(collectively, "Content"), is a third party user generated content and Myfesheni has no control over such
third party user generated content as Myfesheni is merely an intermediary for the purposes of this
Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and
transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as
adopted in accordance with applicable law, use the Content or any of its elements for any type of use
forever, including but not limited to promotional and advertising purposes and in any media whether
now known or hereafter devised, including the creation of derivative works that may include the
Content You provide.
You may use information on the products and services purposely made available on the Platform for
downloading, provided that You
 do not remove any proprietary notice language in all copies of such documents,
 use such information only for your personal, non-commercial informational purpose and do not
copy or post such information on any networked computer or broadcast it in any media,
 make no modifications to any such information, and

 do not make any additional representations or warranties relating to such documents.
6. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or
otherwise made available to You through Platform are provided on "as is" and "as available" basis
without any representation or warranties, express or implied except otherwise specified in writing.
Without prejudice to the forgoing paragraph, Myfesheni does not warrant that: Platform will be
constantly available, or available at all or The information on Platform is complete, true, accurate or
non-misleading.
All the Products sold on Platform are governed by different country laws and if Seller is unable to deliver
such Products due to implications of different country laws, Seller will return or will give credit for the
amount (if any) received in advance by Seller from the sale of such Product that could not be delivered
to You. You will be required to enter a valid phone number while placing an order on the Platform. By
registering Your phone number with us, you consent to be contacted by Us via phone calls and/or SMS
notifications, in case of any order or shipment or delivery related updates. We will not use your personal
information to initiate any promotional phone calls or SMS.
7. Selling:
As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the
Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell
the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon
the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of
third parties. Listings may only include text descriptions, graphics and pictures that describe your item
for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must
be kept in stock for successful fulfilment of sales. The listing description of the item must not be
misleading and must describe actual condition of the product. If the item description does not match
the actual condition of the item, you agree to refund any amounts that you may have received from the
Buyer. You agree not to list a single product in multiple quantities across various categories on the
Platform. Myfesheni reserves the right to delete such multiple listings of the same product listed by you
in various categories.
We may provide you alternation services (limited to alteration of length, alteration of the waist size) for
the garments purchased by You from Us. This service shall be free of cost and no amount would be
collected from You for such alteration. However, a nominal fee as mentioned by Myfesheni at the time
of creating the alteration request (inclusive of service tax) would be applicable as convenience charge
towards pick up and drop of the garments or towards tailor visit (wherever applicable).
8. E-Platform for Communication:
You agree, understand and acknowledge that Myfesheni is an online platform that enables you to
purchase products listed on the Platform at the price indicated therein at any time. You further agree
and acknowledge that Myfesheni is only a facilitator and is not and cannot be a party to or control in any
manner any transactions on Myfesheni.
9. Indemnity:

You shall indemnify and hold harmless Myfesheni, its owner, licensee, affiliates, subsidiaries, group
companies (as applicable) and their respective officers, directors, agents, and employees, from any claim
or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed
due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your
violation of any law, rules or regulations or the rights (including infringement of intellectual property
rights) of a third party.
10. Trademark, Copyright and Restriction:
Platform is controlled and operated by Myfesheni and products are sold by respective Sellers. All
material on Platform, including images, illustrations, are protected by copyrights, trademarks, and other
intellectual property rights. Material on Myfesheni is solely for Your personal, non-commercial use. You
must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way,
including by email or other electronic means and whether directly or indirectly and You must not assist
any other person to do so. Without the prior written consent of the owner, modification of the
materials, use of the materials on any other Myfesheni or networked computer environment or use of
the materials for any purpose other than personal, non-commercial use is a violation of the copyrights,
trademarks and other proprietary rights, and is prohibited. Any use for which You receive any
remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is
expressly clarified that You will retain ownership and shall solely be responsible for any content that You
provide or upload when using any Service, including any text, data, information, images, photographs, or
any other material which you may upload, transmit or store when making use of Our various Service.
However, we reserve the right to use/reproduce any content uploaded by You and You agree to grant
royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for
reasonable business purpose.
11. Limitation of Liability:
In no event shall Myfesheni be liable for any indirect, punitive, incidental, special, consequential
damages or any other damages resulting from:
 the use or the inability to use the Services or Products
 unauthorized access to or alteration of the user's transmissions or data
 breach of condition, representations or warranties by the manufacturer of the Products
 any other matter relating to the services including, without limitation, damages for loss of use,
data or profits, arising out of or in any way connected with the use or performance of the
Platform or Service. Myfesheni shall not be held responsible for non-availability of the
Myfesheni during periodic maintenance operations or any unplanned suspension of access to
the Myfesheni. The User understands and agrees that any material and/or data downloaded at
Myfesheni is done entirely at Users own discretion and risk and they will be solely responsible
for any damage to their mobile or loss of data that results from the download of such material
and/or data. To the maximum extend that is permissible under law, Myfesheni’s liability shall be
limited to an amount equal to the Products purchased value bought by You. Myfesheni shall not
be liable for any dispute or disagreement between Users

12. Termination:
Myfesheni may suspend or terminate your use of the Myfesheni or any Service if it believes, in its sole
and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated
or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding
anything in this clause, these Terms of Service will survive indefinitely unless and until Myfesheni
chooses to terminate them.
 If You or Myfesheni terminates your use of the Platform or any Service, Myfesheni may delete
any content or other materials relating to your use of the Service and Myfesheni will have no
liability to you or any third party for doing so. However, your transactions details may be
preserved by Myfesheni for purposes of tax or regulatory compliance.
 Myfesheni may unilaterally terminate Your account on any event as mentioned in the Terms Of
Use under the point no. 4.
 If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes,
which may cause annoyance and inconvenience and abuses any policy and rules of the company
or mislead Myfesheni by sharing multiple address and phone numbers or transacting with
malaise intentions then Myfesheni reserves the right to refuse access to the portal, terminate
accounts including any linked accounts without notice to you.
13. Jurisdictional Issues/Sale in Kenya/Africa Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in
Kenya and Africa. Myfesheni make no representation that materials in the Platform are appropriate or
available for use in other locations/Countries other than Kenya or Africa. Those who choose to access
Platform from other locations/Countries other than Kenya and Africa do so on their own initiative and
Myfesheni is not responsible for supply of products/refund for the products ordered from other
locations/Countries other than Africa, compliance with local laws, if and to the extent local laws are
applicable.
14. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of Kenya and other
countries in Africa without reference to conflict of laws principles and disputes arising in relation hereto
shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities in Kenya.
The place of jurisdiction shall be exclusively in Kenya.
15. Contacting the Seller:
At Myfesheni, we are committed towards ensuring that disputes between Sellers and Buyers are settled
amicably by way of the above dispute resolution mechanisms and procedures. However, in the event
that You wish to contact Myfesheni about the seller, You may proceed to do so by clicking on the seller
name on the product listing pages.
16. Disclaimer:
You acknowledge and undertake that you are accessing the services on the Platform and transacting at
your own risk and are using your best and prudent judgment before entering into any transactions through Myfesheni. We shall neither be liable nor responsible for any actions or inactions of sellers nor
any breach of conditions, representations or warranties by the sellers or manufacturers of the products
and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate
or resolve any dispute or disagreement between You and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of
quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability,
fitness for a particular purpose, or legality of the products listed or displayed or transacted or the
content (including product or pricing information and/or specifications) on Platform. While we have
taken precautions to avoid inaccuracies in content, this website, all content, information (including the
price of products), software, products, services and related graphics are provided as is, without warranty
of any kind. At no time shall any right, title or interest in the products sold through or displayed on
Platform vest with Myfesheni nor shall Myfesheni have any obligations or liabilities in respect of any
transactions on Platform.
Delivery Related - User agrees and acknowledges that any claims regarding order delivery (including
non-receipt/ non- delivery of order or signature verification) shall be notified to Myfesheni within 5 days
from the alleged date of delivery of product reflecting on the Myfesheni portal. Non notification by You
of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery
in respect of that transaction. Myfesheni disclaims any liability or responsibility for claims regarding non-
delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the
alleged date of delivery of product reflecting on the Myfesheni portal.
17. Cart Notification
You understand that, in the event selected products in your cart is out of the inventory, Myfesheni
provides You an option in your cart to select the product of another seller, you understand that price of
the product by another seller may differ.
18. Multiple Sellers
You understand that products of a particular style may be sold on the Platform by multiple sellers and
the product price on the listing page of the Platform, may not always reflect the lowest price for that
particular style. This is because the seller whose price is displayed on the list page is selected based on
the application of a number of parameters and price is only one such parameter. However, once you
land on the product display page on the Platform for a specific style, you will have access to the price offered by all sellers on the Platform for the relevant style.