Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean MODA, its franchisor, affiliates and partners.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify We.moda of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We.moda cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
We.moda provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as power bank,notebooks, Techbooks etc. (collectively, "Products"). Upon placing an order, We.moda shall ship the product to you and be entitled to its payment for the Services.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that MODA's name is stated as the source and prior written permission of We.moda is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by We.moda. User data and information provided may be shared by Modways Objet D’Art Pvt. Ltd. with its partners.
Exactness Not Guaranteed:
We.moda hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Before any alterations to certain aspects of your order such as spellings, grammar etc , that a representative from We.moda will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 7 days of it being sent to you.
Intellectual Property Rights:
Links To Third Party Sites:
The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of We.moda or the Website and We.moda is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We.moda is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. We.moda is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by We.moda or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
You agree to indemnify, defend and hold harmless We.moda from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by We.moda that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Title and risk of loss for all products ordered by you shall pass on to you upon We.moda's shipment to the shipping carrier.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. We.moda does not review the contents in any way before they appear on the Website. We.moda does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [email protected]
Terms For Promotions/Contests/Offers/Campaigns
General Terms for Offers and Promotions
Credit Check and Fraud Prevention
We use standard and authorized payment services and our Credit Check and Fraud Prevention policies are aligned to these companies. All disputes would be handled by Gurgaon courts.
Other uses of your personal information
We may use your personal information for opinion and market research. Your details are anonymous and will only be used for statistical purposes in We.moda. You can choose to opt out of this at any time. Any answers to surveys or opinion polls We.moda may ask you to complete will not be forwarded on to third parties. Disclosing your email address is only necessary if you would like to take part in competitions. We save the answers to our surveys separately from your email address.
We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that we send to you. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. If your instruction is unclear we will contact you for clarification.
We may further anonymize data about users of the Site generally and use it for various purposes, including ascertaining the general location of the users and usage of certain aspects of the Site or a link contained in an email to those registered to receive them, and supplying that anonymized data to third parties such as publishers. However, that anonymized data will not be capable of identifying you personally.