a) Any reference to the singular includes a reference to the plural and vice versa, unlessexplicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
b) Headings and captions are used for convenience only and will not affect the interpretation of this Agreement.
c) Any reference to a natural person will, unless repugnant to the context, include his heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Monrow will, unless repugnant to the context, include its affiliates, successors and permitted assignees.
2. PLATFORM SERVICES AND ACCOUNT REGISTRATION
a) You must register an account on the Platform (an “Account”). When You register on the Platform and set up your Account, You must: (i) provide accurate and complete information; (ii) promptly update your Account information with any new information that may affect the operation of your Account; (iii) authorize Monrow to make any inquiries We consider necessary or appropriate to verify Your Account information or the information you provide to us via the Platform; and (iv) acknowledge and accept any applicable policies, including but not limited to those pertaining to confidentiality, integrity, anti-harassment and conflict of interest. You will not use false identities or impersonate any other person or use another account that you are not authorized to use on any computer, mobile phone, tablet, or other device (collectively “Device”).
b) You are responsible for safeguarding and maintaining the confidentiality of Your Account information. You agree not to disclose your Account information to any third party. You will immediately notify Monrow of any unauthorized use of your Account.
c) If You provide any information that is or later becomes untrue, inaccurate, not current or incomplete, or Monrow has reasonable grounds to suspect that such information is or has become untrue, inaccurate, not current or incomplete, Monrow has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform / services (or any portion thereof).
3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
a) We are not responsible if information made available on the Platform is not accurate, complete or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platform is at your own risk.
b) The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Platform at any time, but we have no obligation to update any information on the Platform. You agree that it is your responsibility to monitor changes to the Platform.
4. RELATIONSHIP BETWEEN THE PARTIES
5. THIRD-PARTY LINKS
a) Certain content, products and services available via the Platform may include materials from third-parties.
b) Third-party links on the Platform may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
c) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
6. ERRORS, INACCURACIES AND OMISSIONS
a) Occasionally there may be information on the Platform or in the services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the services or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).
b) We undertake no obligation to update, amend or clarify information on the Platform or in the services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform or in the services or on any related website, should be taken to indicate that all information on the Platform or in the services or on any related website has been modified or updated.
c) We do not guarantee, represent or warrant that Your use of the Platform will be uninterrupted, timely, secure or error-free.
7. DECLARATIONS, REPRESENTATIONS, WARRANTIES AND COVENANTS
a) Each party hereby represents and warrants that it has the legal right, power and authority to enter into, deliver and perform this Agreement and any other documents executed in connection with or pursuant thereto.
b) Each party represents and warrants that it shall comply with all applicable laws in the course of performing its obligations under this Agreement;
c) The User represents that he/she has no criminal antecedents or convictions and/ or any criminal action is pending against him/her; and
8. DISCLAIMER OF WARRANTIES
a) You expressly agree that Your use of, or inability to use, the Platform or services is at your sole risk. The Platform and/or the services and all products and services delivered to you through the services are (except as expressly stated by Us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
b) For the duration of the term of this Agreement, the Platform shall be maintained by Monrow and Monrow shall make its best efforts to deal with any technical issues affecting the Platform (such as, for instance, the Platform becoming inoperative). Monrow does not warrant that the User will be able to use the Platform at all times or locations on the Platform or that the Platform and the services provided through the Platform will be uninterrupted or error-free.
c) The materials as appearing on the Platform may contain typographical errors, inaccuracies or omissions. Monrow reserves the right, although it is under no obligation to do so, to correct any errors, inaccuracies or omissions, and to change or update information or material as appearing on the Platform at any time without prior notice.
10. LIMITATION OF LIABILITY
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
12. FORCE MAJEURE
If the performance of Monrow’s obligations hereunder is prevented, restricted or interfered with by reason of fire, or by epidemic or pandemic, or other casualty or accident; strike or labour disputes; war or other violence; or any act or condition beyond the reasonable control of Monrow, or an act of God (each a “Force Majeure Event”), then Monrow shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that Monrow shall give prompt notice within a period of seven (7) business days from the date of occurrence of the Force Majeure Event and providing a description to the User of such Force Majeure Event in such notice, including a description, in reasonable specificity, of the cause of the Force Majeure Event and the likely duration of the impact or delay cause by the Force Majeure Event; and provided further that Monrow shall use reasonable efforts to avoid or remove such cause of non- performance and shall continue performance hereunder whenever such causes areremoved.
12. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
The parties agree that any and all disputes arising out of in connection with this Agreement shall be governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.
12. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000, Information Technology (Intermediary Guidelines) Rules, 2011 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Smitha N. Murthy
The domain name www.monrow.in ("Site") is owned and operated by Trudel Fashions Private Limited ("MONROW" or "We" or "Us"). We value the trust you have in us. Therefore, we insist upon the highest standards for secure transactions and customer information privacy.
Our Policy is subject to change at any time without notice. Your continued use of the Site following such changes to the Policy constitutes your acceptance of the changed Policy and to be bound by such changes. If you do not continue to use the Site following change in the policy but take no action with respect to your personal information and sensitive information with us, our use of your personal information and sensitive information shall remain subject to the Policy in effect prior to the change. You are responsible for periodically reviewing this Policy in order to be aware of any changes thereto.
2. WHAT WE COLLECT
We may collect personal identifiable information from you when you save or otherwise provide us when you set up a free account with the Site OR when you communicate with us via phone, email, chat, etc. OR when you fill an entry to participate in any contest, promotion or survey, etc. OR use the service of Gift Card on the Site OR when you participate at one of our events, etc. As a result of these actions you might supply us with personal information, such as your name, e-mail and postal addresses, phone number(s), credit card information, names of people to whom purchases have been shipped including address and telephone numbers, IP addresses, product interest information and in certain circumstances, your opinions and individual preferences, etc (collectively "Personal Information"). When you visit this Site, our social media platforms, or our social networking or mobile applications, may also collect certain information about your device or usage by automated means or by using technologies such as cookies, web server logs and web beacons.
You may also provide us with information like financial information such as Bank account or credit card or debit card or other payment instrument details, password, physical health condition; medical history, sex, etc. (collectively "Sensitive Information") for availing the services at our Site.
We may also maintain a record of your product interests and acquire information about you from our present and/or future affiliates.
This Site is directed to be used by adults only who are above the age of 18 years. If you are not an adult, while you may look at our Site, but you should not make a purchase, register, or submit personal information to us. We or our associates / affiliates do not knowingly collect information from minors. Minors should not be using the Site with any personal information. In an event of default by the minor, the parent or the guardian will be liable to compensate for whatsoever damages arising out of such wrongful use by the minor.
3. WHAT IS THE PURPOSES FOR WHICH THE PERSONAL AND SENSITIVE INFORMATION IS COLLECTED
MONROW may use your Personal Information collected:
- send you or your friends, relatives or associates, products that you have ordered;
- process gift card transaction;
- help us learn more about your shopping preferences; or
- conduct marketing and performance research to assist us in measuring our customer services, benchmarking our performance and to help us improve your shopping experiences and product offerings.
- to send communication related to order updates and offers through e-mail, SMS and social media channels. This option will be auto renewed after 180 days and if you wish to unsubscribe from receiving offer updates, you can do so.
As provided below under Clause 7, you may always choose not to receive promotional materials or marketing information.
4. WITH WHOM WE SHARE THE PERONAL AND SENSITVE INFORMATION
Service providers who perform services on our behalf based on our instructions which inter alia include beauty partners providing beauty services to the customers. However, these service providers will not be authorized to use or disclose such information except as necessary to perform services on our behalf or comply with legal requirements;
Other third parties with your consent (g. Facebook applications may share information collected through those apps with your Facebook friends or other Facebook users).
We do not rent or sell your Personal and Sensitive Information to any third party. However, should we plan to merge/sell all or substantially all of our business to another business entity or similar other transaction or be required by that business entity, we may transfer or disclose your Personal Information and Sensitive Information to that business entity who may collect, use or disclose such information for the purposes of evaluating the proposed transaction or for operating and managing the affairs of the acquired business or for other purposes identified in this Policy.
6. HOW WE RETAIN OF SENSITIVE PERSONAL DATA OR INFORMATION
We also maintain appropriate and adequate administrative, technical and physical safeguards designed to protect your Personal and Sensitive Information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
The Site provides an option to all the users to opt-out of receiving any promotional or marketing communications from us. If you do not wish to receive any promotional or marketing communications from us, you can contact us at the address provided below.
Your Choices to opt-out:
You have the following choices with how your information is used:
What you need to do
Updating your Personal Information in relation to your Account
You can update or correct your name, e-mail address, security questions, and other preferences by logging into your account and clicking on the "My Account" page, calling Monrow customer care executive, or visiting a Monrow store and speaking with a representative.
Receiving newsletters and promotional e-mails
You can click on the "unsubscribe" link at the bottom of any promotional e-mail that you receive. Alternatively, you may edit your e-mail preferences on your "My Account" page or call Monrow customer care executive to discontinue receiving any promotional materials by mail/ e-mail.
Behavioral Based Advertising
You can opt-out of some, but not all, online behavioral based advertising by clicking here or by using your browser settings to block cookies or notify you when a cookie is set.
Remove content from user review
You can remove content that you posted on a Monrow public space, such as part of a Ratings & Review, by e-mailing details to Care@monrow.in. Please note that we will endeavor and try to ensure to honor your request to remove information, however, our removal of your information does not completely erase that information from the internet viz. historical copies, or "caches," may remain.
8. WITHDRAWAL OF CONSENT
If you have consented to the collection, use and/or disclosure of your Personal and Sensitive Information as identified in this Policy, you may withdraw the same at any time by communicating to us at the given below under Clause 10.
We endeavor to keep your Personal and Sensitive information secure, up-to-date, accurate in the best possible manner as it may be necessary for the purpose for which it was collected. We value the importance you attach to your Personal and Sensitive Information given to us and therefore we have (i) taken all reasonable measures and precautions to keep such information safe and secure and to prevent any unauthorized access to or misuse of the same; and (ii) enable you to review and edit the same.
However, we shall not be liable to any user for any loss, damage (whether direct, indirect, consequential or incidental) or harm caused to the user due to the unauthorized access or misuse of the Personal or Sensitive Information by any third party.
10. CONTACT INFORMATION
Customer Service Desk
E-mail id: Care@monrow.in
- Monday to Saturday (10:00 a.m. to 7 p.m.)