Conditions of Use

Welcome to the MODAXE marketplace for customers to purchase products for personal or resale purposes. MODAXE and its affiliates provide access Business maintained on the modaxe.in website (the "website") to you subject to the conditions set out on this page.

Please read these conditions carefully before using MODAXE. By using the modaxe.in website, you signify your agreement to be bound by these conditions. You understand and confirm that these "Conditions of Use" shall strictly govern all transactions conducted by you on the MODAXE website. In these Conditions of Use, the term "website" shall mean and refer to all customer view and purchase sections of the website.

In addition, when you use any current or future modaxe.in service, you will be subject to the terms, guidelines and conditions applicable. If these Conditions of Use are inconsistent with such Terms, the Terms will control.

These Conditions of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Conditions Relating to Your Use of modaxe.in

1. Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. modaxe.in reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

2. Privacy

Please review our Privacy Notice, which also governs your visit to modaxe.in, to understand our practices. The personal information / data provided to us by you during the course of usage of modaxe.in will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

3. Marketplace for Communication

You agree, understand and acknowledge that you are accessing the online MODAXE Products section on the website that enables you to purchase products listed on the website at the price indicated therein at any time from any location.

4. Access to modaxe.in

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

5. Shipping

We provide Free Shipping Pan India on all of our products. All products are shipped within the same / next Business Day and are usually delivered within 3-5 Business Days. We also provide the option of In Store Pick Up / Purchase which gives the benefit of a discount on the Rate of the product shown on the wesbite. This option is only applicable for purchases that are made at our office located at Sanghvi House, 105/2, Shivajinagar, Opposite Sai Baba Mandir, Tophakhana, Pune, Maharashtra 411005, India. 

6. Return and Refunds

All of the purchases made on our website have a 10 Day return policy which is applicable from the date of delivery to the customer. This return is only applicable if the customer has received a defective product. In such a case the customer has to return the product back to us in the same condition that it was sent and we shall then issue a replacement / a refund to the customer based on what their preference is.

7. Licence for website access

MODAXE grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MODAXE and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; including without limited to any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of MODAXE and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of modaxe.in and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising MODAXE's or its affiliates' names or trademarks without the express written consent of MODAXE and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by MODAXE and / or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of modaxe.in as long as the link does not portray MODAXE, modaxe.in, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any modaxe.in logo or other proprietary graphic or trademark as part of the link without express written consent of MODAXE and / or its affiliates, as may be applicable.

8. Your Conduct


You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not modaxe.in, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:


•    for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
•    to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";
•    to cause annoyance, inconvenience or needless anxiety.

9. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. modaxe.in reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of modaxe.in violates these Conditions of use and, or terminate your permission to access or use this website.


10. Trademarks


MODAXE.IN, MODAXE, THE MODAXE LOGO and other marks indicated on our website are trademarks or registered trademarks of MODAXE, in Indian and/or other jurisdictions. MODAXE.in's graphics, logos, page headers, button icons, scripts and service names are the trademarks of MODAXE. MODAXE's trademarks may not be used in connection with any product or service that is not MODAXE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MODAXE. All other trademarks not owned by MODAXE that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MODAXE.

11. Disclaimer


You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall not be liable nor responsible for 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 the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of the products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. 

 

12. Indemnity and Release


You shall indemnify and hold harmless MODAXE, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release MODAXE and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

 

13. Children

Use of modaxe.in is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872 and who are business customers. If you are a minor i.e. under the age of 18 years, who is responsible or operating or functioning a business establishment or ordering products for the business or institutional usage of a business establishment, you may use modaxe.in only if you have been specifically authorized by your relevant business establishment.

 

14. Other Businesses

Parties other than MODAXE and its affiliates may operate stores, provide services, or sell product lines on modaxe.in. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. MODAXE does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

15. Communications


When you visit modaxe.in or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.

16. Losses


We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect, special or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
 
17. Alteration of Service or Amendments to the Conditions


We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

18. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause, which is beyond our reasonable control. This condition does not affect your statutory rights.

19. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

20. Governing Law and Jurisdiction

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 at Pune.