Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Act. These terms of use does not require any physical, electronic or digital signature.

Your use of Miniprice Retail Private Limited under www.miniprice.in and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Miniprice Retail Private Limited under www.miniprice.in including the applicable policies which are incorporated herein by way of reference. By mere use of the miniPRICE, you shall be contracting with Miniprice Retail Private Limited the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Miniprice Retail Private Limited under www.miniprice.in.

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 "miniPRICE","We", "Us", "Our" shall mean Miniprice Retail Private Limited and its affiliates.

Please read these terms of use carefully before using or registering on the Platform and or accessing any material, information or services through the Platform. If you do not agree with these terms of use, please do not use the Platform.

Authorization:

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

If you subscribe to any of the Services under the name of a legal entity, you affirm to act as representative or duly authorized legal person to act in the name of that entity to contract the Services.
In this all cases, the adult is the user and is responsible for any and all activities. miniPRICE reserves the right to refuse access to use the services offered at the Platform and to new users or to terminate access granted to existing users at any time without according any reasons for doing so.

MiniPRICE as a Platform:

The Company, MINIPRICE RETAIL PRIVATE LIMITED is incorporated under the laws of India, with its registered office at 718, Sector 15 Part II, Gurgaon 122001.
The Platform and is an electronic platform in the form of an electronic marketplace and an intermediary that provides a platform which enables
• You or 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.
• You or Users to accept the offer of sale of the products made by Us on the Platform and to make payments to Us for purchase of the products
miniPRICE 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.

User Account, Password, and Security:

In the event you register as a user by creating an account in order to avail of the services provided by the Platform and you will be responsible for maintaining the confidentiality and security of the account information, and are fully responsible for all activities that occur under your account.
You agree to
• immediately notify miniPRICE of any unauthorized use of your account information or any other breach of security
• ensure that you exit from your account at the end of each session. miniPRICE cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by miniPRICE or any other user of or visitor to the Platform and due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
You shall not have more than one active account on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another person. Use of another user’s account information for availing the services is expressly prohibited.

User Conduct and Obligations on the Platform:

You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding rules:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
• belongs to another person and to which you do not have any right to
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever
• involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• 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
• 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
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
• contains video, photographs, or images of another person (with a minor or an adult)
• 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
• interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services
• violates any law for the time being in force
• threatens the unity, integrity, defence, security or sovereignty of India, 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
• shall not be false, inaccurate or misleading
• violate any code of conduct or other guidelines, which may be applicable for or to any particular service
• violate any applicable laws or regulations for the time being in force within or outside India
• violate the terms of the agreement

A User on the Platform may be considered fraudulent if You or Users doesn't reply to the payment verification mail sent by miniPRICE, or the verification details by You or User are incorrect, misuse of another Users's phone/email, Users uses invalid address, email and phone number, overuse of a voucher code, use of a special voucher not tagged to the email ID used, Users returns the wrong product, Users refuses to pay for an order, Users involved in the snatch and run of any order, miscellaneous activities conducted with the sole intention to cause loss to business/revenue to miniPRICE, User with a very high return rate and repeated request for monetary compensation for fake/used order.

Cancellation and Delivery Related:

You or User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to miniPRICE within … days from the alleged date of delivery of product reflecting on the miniPRICE 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. miniPRICE disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after ….. days from the alleged date of delivery of product reflecting on the miniPRICE portal.
miniPRICE 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 miniPRICE:
• Products ordered are not for self-consumption but for commercial resale
• Multiple orders placed for same product at the same address, depending on the product category
• Bulk quantity of the same product ordered
• Invalid address given in order details
• Any malpractice used to place the order
• Any promotional voucher used for placing the 'Bulk Order' may not be refunded
• Any order paced using a technological glitch/loophole
•
Disclaimer of Warranties:

The Platform, services, content, user content and any third party content are provided by miniPRICE on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. without limiting the foregoing, miniPRICE makes no warranty that
• the Platform and or the services will meet your requirements or your use of the Platform or the services will be uninterrupted, timely, secure or error-free
• the results that may be obtained from the use of the Platform and or services will be effective, accurate or reliable
• the quality of the Platform and or services will meet your expectations
• any errors or defects in the Platform and or services will be corrected. No advice or information, whether oral or written, obtained by you from miniPRICE or through the Platform content or from use of the services shall create any warranty not expressly stated in these terms of use.

miniPRICE has endeavoured to ensure that all the information on the Platform and is correct, but miniPRICE neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service.

Indemnity:

You shall indemnify and hold harmless miniPRICE, 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.

Intellectual property rights:

All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on miniPRICE 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 miniPRICE 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, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, miniPRICE reserves 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.

Limitation of Liability:

In no event shall miniPRICE, nor any of its affiliates, directors, officers, employees, and agents, be held liable for any indirect, punitive, incidental, special, consequential damages from 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, 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.
miniPRICE shall not be held responsible for non-availability of the miniPRICE during periodic maintenance operations or any unplanned suspension of access to the miniPRICE. The User understands and agrees that any material and/or data downloaded at miniPRICE 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, miniPRICE’s liability shall be limited to an amount equal to the Products purchased value bought by You or User.

Termination:

miniPRICE may suspend or terminate your use of the miniPRICE 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 miniPRICE chooses to terminate them.
• If You or miniPRICE terminates your use of the Platform or any Service, miniPRICE may delete any content or other materials relating to your use of the Service and miniPRICE will have no liability to you or any third party for doing so. However, your transactions details may be preserved by miniPRICE for purposes of tax or regulatory compliance.
• miniPRICE may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, miniPRICE credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of miniPRICE.
• 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 miniPRICE by sharing multiple address and phone numbers or transacting with malafide intentions then miniPRICE reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

Modifications and Amendments:

miniPRICE is permitted to revise these Terms at any time as it sees fit, and by using the Platform you are expected to review these Terms on a regular basis. We reserve the right to modify this Agreement relating to the Websites or Services at any time, effective upon posting of an updated version of this Agreement on the Platform. The terms of use are subject to revision by the Company at any time and hence the users are requested to carefully read these terms of use from time to time before using the Platform. The revised terms of use shall be made available on the Platform. You are requested to regularly visit the Platform to view the most current terms of use. It shall be your responsibility to check these terms of use periodically for changes. miniPRICE may require you to provide your direct or indirect consent to any update in a specified manner before further use of the Platform and services. If no such separate consent is sought, your continued use of the Platform and/or services, following such changes, will constitute your acceptance of those changes.

Jurisdictional Issues/Sale in India Only:

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. miniPRICE make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and miniPRICE is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Governing Law:

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 courts, tribunals, fora, applicable authorities at Gurugram, Haryana. The place of jurisdiction shall be exclusively in Gurugram, Haryana.

Contacting us:

If you have any questions, please feel free to contact us under info@miniprice.in