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Please read the following terms and conditions mentioned below very carefully as your any access to the Site will be conditioned on your acceptance and compliance of these terms and conditions. These terms and conditions shall apply to every visitor who will access the Site and order any product or enjoy any service using the same. These terms and conditions are subject to revision and the same will be intimated to the users by posting a revised version on our homepage. Your subsequent access to Site or further dealing using the same will be a deemed acceptance to the changes made in the below mentioned terms and conditions.
In addition, by ordering any product and using any service you agree to have read carefully, understood and be bound by these terms and condition without any qualification and limitations.
In these terms and condition ‘You’ means the end user accessing the Site, its content and service offered through this Site and "we", "us", "our" and “Company” shall mean Modi Mundipharma Beauty Products Limited (‘hereinafter 'MMBPL’), its franchisor, its affiliates and partners.
MMBPL is the licensee of the brand “Streetwear” and the website (hereinafter referred to as ‘Site’). As a user of the Site and its services you are contracting with MMBPL through these Terms.
Member Account
You can create a member account on any of our site and by providing us some up to date and accurate information about yourself as requested. You agree that you will provide complete, current and accurate information about yourself. On successful registration, a designated account name/ username and a password will be generated by you. You are solely responsible for maintaining the confidentiality of the username and password generated by you and you will be fully responsible for any dealing made under your username and password You will be responsible for preventing any unauthorised access into your profile and also notify us of any unauthorized use of your account on any of our site/. We recommend that you exit from your account at the end of each session. The Users shall provide accurate information required for processing of order. We shall not be liable for any wrong, fraudulent information furnished by the users. Orders shall be processed subject to accurate information provided by the Users. It is clarified that the Company will not in any way be responsible for any information provided/entered by you in the Site and you will not bring any claim against the Company with respect to such information provided/entered by you.
Privacy
We undertake to maintain the confidentiality of your ‘Personal Information’ such as your name, date of birth, age, address, phone number, email address, credit card number, gender, language very seriously and the such personal information/data will be treated in accordance with MMBPL’s Privacy Policy and applicable laws and regulations.
Information we collect
We only collect the limited information that is necessary for your identification and for processing the order placed and service requested. We do not collect your personal information unless you directly or indirectly provide it to us voluntary. Though the information sought from you may vary depending upon your dealing but generally we ask for the following details: -
When is Personal Information Collected?
For the following purpose(s), your Personal Information is collected: -
How we use your personally collected information
We only collect your limited personal information which at the same time is necessary to enhance your experience with the Company i.e. to enable us to render our services to you more efficiently, to address your request for products and service, to customize the advertising, to contact you or for internal business purposes. We will use your personal information only for those purposes that was specified to you, prior to any information was sought from you.
the Company gives assurance to you that your personal information will not be given to third party for cross selling purposes.
We use anonymous information, such as that pertaining to web or mobile pages you have viewed, in order to analyse trends, track user's movements, provide a better user experience and gather broad demographic information for aggregate use. We do not use this data in a manner that would identify you personally.
Accuracy of Information
You are responsible for providing us your complete and accurate personal information and for intimating us any subsequent changes to ensure that information is correct and accurate.
You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, MMPL shall have the right to indefinitely suspend or terminate or block access of the Site to yoThe Users shall provide accurate information required for processing of order. We shall not be liable for any wrong, fraudulent information furnished by the users. Orders shall be processed subject to accurate information provided by the Users. The credit card information provided by the User shall be correct and accurate. The credit card shall lawfully be held by the User and any fraudulent use of the credit card is a punishable offence under Laws of India.
Accessing and Updating Personal Information
The Company is not liable to keep Personal Information accurate, complete and up-to-date as necessary, taking into account its use and the interests of our customers. It is customers responsibility to timely update such information for ensuring timely deli8very of products by the Company.
Technologies that allow us to customize your experience on the Site
Various technologies are being used by us to collect information relating to your visit to our Site such as the Uniform Resource Locater (URL) that referred you to our Site, Internet Protocol address, browser type, browser language, the date and time of your request or we can use your Internet Protocol (IP) address identifying your computer or device and indicating your geographic region for statistical purposes. This enables us to enhance and customise your experience on our Site.
In some instances, we may use these technologies in combination with the personally identifiable information you provide on the Site. These technologies may provide a variety of information such as whether you have visited www.streetwear.co.in. They also may enable you to save your preferences. Each technology is explained below.
Information we share and with whom we share with
At www.streetwear.co.in, we ensure that your personal information will not be provided to third parties for marketing their own products or services to you without your consent. In addition, we do not sell or otherwise disclose personally identifiable information about our Site visitors except as described here.
How we protect Personal Information
Reasonable safeguards are maintained on www.streetwear.co.in to protect your Personal Information from any unauthorized use and disclosure, alteration or any kind of modification, provided by you to the Company.
Customer consent (Opt In –Unsubscribe)
When you Opt-In, Personal Information provided by you will not be used for those purposes that were not specified before the information was sought from you unless your prior consent is obtained or the same is legally required. Explicit consent will be obtained from you before sending any marketing communications. Your personal information is not a condition for selling our product unless the same is required for processing your order or for any specified condition or legal requirement.
An option is provided to you to withdraw your consent given, at any time, for using your personal information by contacting us, writing us an email or by making a call or as specified in our contacts to you.
If you consented to become a member of our customer loyalty scheme while also consenting to receive our commercial communications then subsequent cease of your membership will not amount to an automatic request to unsubscribe and your continued consent will be assumed.
Effective date and changes to Privacy Policy
This Privacy policy is effective as of
This privacy policy is subject to change and any change effected in the privacy policy will be intimated to users by posting the revised privacy policy on our homepage (ww.streetwear.co.in) so that our users always know about the information collected by us from them, how their information is used by us, any new legal requirement which requires information, under what circumstances we are disclose this information to third parties.
An intimations will be send to you to notify that we wish to use Personal Information for any purpose other than, or in addition to the Purpose(s) listed in this policy or from that stated at the time this information was collected, we will notify you by way of an email, unless we do not have your email address, in which case we will use any other means of communication available to us depending on the contact details that you have provided to us. We will only proceed with such use, if we receive your consent with respect to such additional purposes’ (not previously communicated, or not previously included in this policy).
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 New Delhi courts.
Other uses of your Personal Information
Your information may also be used for sending you other information about us, the Site, our other websites, our products, sales promotions, our emailers, SMS updates, anything relating to other companies in our group or our business partners. You can unsubscribe it any time if you wish not to receive any of this additional information as detailed in this paragraph (or any part of it) by clicking the “unsubscribe” link in any email that we send to you or follow the un-subscription process as detailed in the SMS.
Competitions
We use the data to notify winners of any competitions and advertise our offers. You can find more details where applicable in our participation terms for the respective competition.
Security
Consent
By providing us your personal information you consent to our use of your personal information in a manner set out in in Privacy Policy.
Limited User
When you access the Site, you agree 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 Site. Any Commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Site is not permitted.
Payment Policy
Ordering
Payment Options
In order to ensure immediate processing of your order the Company provides following mode of payment.
Pricing Policy
Prices for products are described on the Site and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at our discretion without any prior notice. Our products are liable for GST in India.
Payment Security
All transactions at the Company Site are protected by SSL (Secure Sockets Layer)and is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that it follows the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind.
Unauthorized Charges on you Card
If you see any payment has been made to the Company using your credit/debit card, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase of the transaction to your authorised Bank to begin an investigation and no claims shall be brought against the Company Shipping Policy
Cancellation Policy
Delivery for Prepaid Orders
Return/ Policy
The request for return of a product must be placed within Five days of the delivery date only if the delivered products are defective or damaged. The returns shall not be accepted in the following cases:
Missing items, wrong order or excess charges must be reported within 24 hours of delivery.
Only products bought from the Site/ can be returned to us. We will not accept returns of products bought from third party websites or physical stores. The returns form available in the ‘my account’ section must be filled out in order to process your return. Alternately you can email us at customercell@modibeautyproducts.com
Please allow one – two weeks for your return to be processed, it will need to be vetted by our customer service team. You will receive a call or an email once your return is processed.
Refund (For Returns/)
In case of a return, the refund shall be initiated post the product is delivered back to us and the quality of the products returned are verified by us.
The amount shall be credited to your account through which the payment was done. It may take 7-10 business days for the amount to reflect in your account.
User Warranty and Disclosure
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised 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 the Company.
Products and services for personal use
The products and services provided to you at www.streetwear.co.in and any samples thereof are for your personal use only. You may not sell or resell any of the product or service and any sample thereof, you receive from us. The Company reserve the right to cancel or reduce the quantity of any product or service, with or without notice, provided to you that we believe, in our sole discretions, may result into violation of our terms and conditions.
Indemnification
You agree to indemnify, defend and hold harmless the Company and its affiliates 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 the Company 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. You also agree to indemnify us for any loss, damages, or costs, including legal cost, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Intellectual Property
All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of the Company, our Affiliates, partners or licensors, and is protected by laws of India, including laws governing all applicable forms of intellectual property.
The contents of the pages of this Site solely belong to the Company. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions: -
Limited Licenses
We grant you a limited, revocable, non-transferable, non-sublicensable and non-exclusive license to access and make personal and non-commercial use of the Company’s Site . This limited license does not include the right to:
○ Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
○ Breaching any applicable laws;
○ Downloading the pictures, images, articles, content or any portion of it or copying or gathering through extraction tools or any other means for any commercial use or purpose or training.
○ Adopting similar or identically similar Trademarks as that of the Site, framing or use of framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Owner without express written consent.
The Company does not allow anyone to copy any content and create any hyperlinks to the homepage of the Site. However, in certain specific cases the Company may grant a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Company’s Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions and MMPL further reserves the right to block and prevent Your future access to the Site..
Third Party Links
The Site may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of the Company or the Site and the Company 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. The Company is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company or the Site 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.
Terms for Promotion/ Contest/ Offers/ Campaigns
Submissions
It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
Disputes
Any dispute regarding the Site/, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of India and the courts of New Delhi, India, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New Delhi, India, subject to foreign legal mandatory provisions.
To the fullest extent permitted by applicable law, any dispute, differences or claim arising out your visit to the Site / shall be referred to the sole Arbitrator appointed by the MMPL in accordance with the law. The venue of such arbitration shall be at New Delhi, India and the award of the Arbitrator shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise. Each party shall bear their respective costs for arbitration proceedings including legal cost thereof.
Jurisdictional Issues
streetwear.co.in is controlled and operated from India and is not subject to the laws or jurisdiction of any state, country or territory other than that of India. We do not represent or warrant that any of our Sites and Apps, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of our Sites and Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts in New Delhi.
Termination
User has the option or we may terminate user access to our Sites and Apps and to your account at any time, with or without cause, and with or without prior notice. Without limiting the foregoing, we may terminate your access if you violate these Terms. Upon termination for any reason, your right to access and/or use our Sites and Apps will immediately cease. Upon termination, you will have no further access to, and we may delete, any information, files or materials in or related to your account, including, without limitation, any User Submitted Materials.
Upon termination, the Company may delete all information, files and materials related to your account, including any User Submitted Materials, and we will have no obligation whatsoever to save or make any such information, files or materials available to you. You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access our Sites and Apps and to your account and/or as a result of the deletion or loss of any information, files or materials in or related to your account.
General
Your access to the site and will be conditioned on your acceptance to and compliance of these terms and conditions. You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision
Failure by us to take an action on your beach of these Terms and Conditions on any instance shall not preclude us to take action in respect of the same or other subsequent breach at any other point of time.
We shall not be liable for any failure to comply with its obligations caused by weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, inevitable accidents, acts of God or any other circumstances amounting to Force Majeure (including the operation or disruption of the internet/ telephone systems).
We shall also not be responsible for any loss or damage if it has to discontinue the Site in compliance with any law, ruling, order, regulation, requirement or instruction of any Central/State Government or for any other unavoidable reason beyond its control. The participants shall be informed of such discontinuance/ cancellation at the earliest.
International orders
We do not currently ship internationally. However, you may have your purchase delivered to any address within India.
Eligibility
Services of the Site are available only in India and to persons resident in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.